Judgment:
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:
30. 8.2013 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN C.S.No.892 of 2010 1 MRS.S.KOMALA2D.SARASWATHI3M.PRAVEEN4D.VIJAYAKUMAR5R.KANAKAMMAL [ PLAINTIFFS ]. Vs 1 MRS.S.SUMATHI W/O.SHANKAR134D SOUTH LOCK STREET CHELLAPPA GARDEN, KOTTUR, CHENNAI-85. 2 K.BANUMATHY W/O.LATE.R.KRISHNAMOORTHY NO.13/4D, SOUTH LOCK STREET CHELLAPPA GARDEN EXTENSION KOTTUR, CHENNAI-85. 3 R.CHANDRASEKAR S/O.LATE.R.RANGANATHA NAICKER FLAT NO.1, DOOR NO.12 S.S.NAGAR EXTENSION, THIRUMANJAM KULAM STREET THIRUMULLAIVOYAL CHENNAI-62. [ DEFENDANTS ]. This Civil Suit has been filed to pass a Judgment and Decree: i) declaring the plaintiffs 1 to 4 are each entitled to 1/7th share in the schedule mentioned property referred to in the Schedule A and effect a partition proceedings by metes and bounds and put them into possession of their separate share. ii) declaring that the plaintiffs 1 to 3 and 5 are each entitled to 1/7th share in the agricultural lands in Melapakkam village, Tindivanam taluk, Villupuram district morefully described in the schedule B to the plaint and effect the partition proceedings by metes and bounds by allowing each plaintiff 1/7th share and put them into possession of their separate and respective 1/7th share. iii) directing the defendants 1 and 2 to jointly and severally pay a sum of Rs.5,40,000/- totally to the plaintiffs towards mesne profits insofar as schedule A property. iv) directing an enquiry into mesne profits and direct the defendants 1 and 2 to pay the ascertained sums from this date till the date of preliminary decree and also till the passing of final decree. v) directing the defendants 1 and 2 to pay the costs of the suit. For petitioners : Mr.P.B.Balaji For respondents : Mr.T.N.Rajagopalan for D1 and D2 Mr.R.Dharanikumar for D3 ORDER
This Civil Suit was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, by the order of this Court, dated 6.1.2012.
2. A communication, dated 9.10.2012, of the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, enclosing a copy of its Mediation Report, dated 4.10.2012, has been received, and in the said Mediation Report, it is stated as follows:- ".Both parties appeared before the Centre along with their Counsel. Parties arrived at a settlement as per the terms in the Mediation Agreement. Hence the matter is sent back to the Hon'ble Court.".
3. As the parties have arrived at a settlement in terms of the Mediation Agreement, dated 8.8.2012, this civil suit is listed for passing orders in terms of the said Mediation Agreement.
4. The Mediation Agreement, dated 8.8.2012, signed by the parties and the counsels appearing for the plaintiffs and the defendants, reads as follows:- ".Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows: Pending the above suit for partition, separate possession and mesne profit, the parties have met in the mediation centre and with the intervention of the Mediators and their respective Advocates, the Parties have decided to amicably settle their disputes and have arrived at the following terms and conditions:
1. The 5th plaintiff, R.Kanakammal, has already settled here 1/7th share in favour of the 4th plaintiff, D.Vijayakumar (in schedule 'A' Property). The 4th Plaintiff has agreed to give up his 1/7th share in favour of the Plaintiffs 1 to 3 and Defendants 1 to 3 equally and thereby the Schedule 'A' property shall be taken in the following ratio: Plaintiff - 1,2 and 3 :
1. 6th share each Defendants - 1, 2 and 3 :
1. 6th share each 2. In so far as Schedule 'B' property is concerned, the 5th Plaintiff is giving up her 1/7th share in favour of the plaintiffs 1, 2 and 3 and the Defendants 1, 2 and 3 in the said property and the Schedule 'B' property shall be taken in the following ratio: Plaintiff - 1,2 and 3 :
1. 6th share each Defendants - 1, 2 and 3 :
1. 6th share each 3. In so far as Schedule 'B' property it shall be sold to the highest offer received from anyone within a period of six months from today and the Net Sale Proceeds shall be shared equally in 6 proportions between the Plaintiffs 1, 2 and 3 and Defendants 1, 2 and 3.
4. In so far as the 5th Plaintiff is concerned, it is agreed that she will be paid a sum of Rs.3 lakhs towards her maintenance out of the sale proceeds of the Schedule 'B' Property and the said sum shall be paid by the plaintiffs 1, 2 and 3 and Defendants 1, 2 and 3 equally, amounting to Rs.50,000/- (Rupees Fifty thousand only) each. The 3rd Defendant agreed and undertook to take care of his mother, the 5th Plaintiff until her life time.
5. The Defendants 1 and 2 shall make arrangements to vacate and hand over Vacant Possession of the Schedule 'A' property within a period of three months from the date of demise of R.Kanakammal, the fifth Plaintiff herein and the Schedule 'A' property shall be sold at the highest offer received from anyone within a period of six months thereafter and the net sale proceeds shall be shared equally in 6 proportions between the Plaintiffs 1, 2 and 3 and Defendants 1, 2 and 3.
6. The Plaintiffs give up their claim of mesne profits from the Defendants 1 and 2.
7. The suit filed by the 1st Defendant in O.S.No.9228 / 2006 shall be withdrawn by the 1st Defendant in view of this compromise.
8. The Parties shall bear their respective costs.
9. A Final Decree shall be drawn up in accordance with the terms of this Joint Memo of Compromise.".
5. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 8.8.2012, and in terms of the Mediation Report, dated 4.10.2012, before the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, this suit is decreed, recording the terms of the Mediation Agreement, dated 8.8.2012. The terms of the Mediation Agreement, dated 8.8.2012 and the Mediation Report, dated 4.10.2012, of the Mediation Centre, shall form part of the order. Connected A.No.1968 of 2013 is closed. 30.8.2013 INDEX : YES/NO INTERNET : YES/NO lan M.JAICHANDREN J., lan C.S.No.892 of 2010 30.8.2013