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IN THE COURT OF THE VI ADDITIONAL CITY CIVIL JUDGE,

CHENNAI.

Present: Thiru. S. ISVARANE, M.A., L.L.B.,

VII Additional District Judge,
FAC of VI Additional District Court

Saturday, the 23rd day of April 2022

Original Suit No.8492/2019

(TNCH01-039554-2019)

1. Mr. K.Murugan
2. Mrs P.Thangam
3. D.Malathi ... Plaintiffs
--Vs--
1. Mrs.C.Angammal (Deceased)
2. Mr.K.Balu
3. Mrs.G.Kala
4. Mrs.J.Komala
5. Mr.K.Vetriselvan
6. Mr.K.Venkatesan ... Defendants

This suit coming on this day for final disposal before me, in the

presence of M/s.G.Shivasurya, A.Indhumathi and J.Nantha Kumar, Counsels

for plaintiffs and for 5th defendant and of M/s.P.Parthipan, J.Jayasree and J.Ram

Kumar, Counsels for the 2nd defendant and of M/s. P.Devadas Associates,

Mrs.Tamizh Selvi, S.Arun, R.Giriraj, A.K.Benazeer Begum and S.Saraswathi,

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Counsels for defendants 3, 4 and 6 and the suit having been reported as settled

in Mediation and this court delivered the following ;

JUDGMENT

This suit is filed under order VII Rule 1 and 2 of CPC

(i) For preliminary decree for partition of the suit properties mentioned in

the plaint schedule by metes and bounds and for separate allotment of 1/9 th

share of the schedule properties to each plaintiff.

(ii) For appointment of advocate commissioner to divide the schedule

properties into 9 equal shares and allot one share to each plaintiff by metes and

bounds.

(iii) For declaration, declaring the settlement deed dated 19.08.2013 in

Doc.No.2781 of 2013 on the file of Sub Registrar, Sembiyum executed by the

deceased C.Kanniyappa Naicker in respect of the Item No.1 of the plaint

schedule property is null and void, non-est, illegal and not valid and not binding

upon the plaintiffs.

(iv) For declaration, declaring the settlement deed dated 26.03.2015, in

Doc.No.2931/2015, on the file of Sub Registrar, Redhills, executed by the

deceased C.Kanniyappa Naicker in respect of the Item No.2 of the plaint

schedule property is null and void, non-est, illegal and not valid and not binding

upon the plaintiffs.

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(v) For declaration, declaring the Memorandum of Deposit of Title Deeds

dated 11.09.2013, in document No.3090/2013, on the file of Sub Registrar,

Sembiyum, executed by the 6th defendant in respect of the Item No.1 of the

schedule property and in favour of Cholamandalam Investment and Finance

Co. Ltd., without any valid right or title in respect of the Item No.1 of the

schedule property is null and void non-est., illegal and not valid and not binding

upon the plaintiffs.

(vi) For permanent injunction restraining the defendants, their men and

agents from the encumbering or alienating the plaint schedule properties in any

manner and for costs of the suit.

2. When the suit was pending for trial before this court, the same was

referred for settlement before District Mediation Center, Chennai.

3. M/s.G.Shivasurya filed vakalath for D5. Medication report received.

Today when the case is called the plaintiffs and the defendants are present.

Matter settled among the parties in Mediation Settlement. Report received with

terms of Mediation Settlement. Since the properties are divided by metes and

bounds in terms of Mediation Settlement, a partition Final Decree is straight-

away passed. The parties are allotted shares as per the terms of Mediation

settlement. The terms of Mediation Settlement with sketch shall form part of
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this Partition Final Decree. On production of NJS papers, the Final Decree will

be engrossed on the same. No cost.

Pronounced by me in the open court, this the 23rd day of April 2022.

Sd/- ( S. ISVARANE)
VII Additional Judge
FAC- VI Additional Court, Chennai

VI Additional Court,
City Civil Court, Chennai

Draft/Fair Judgment
in
Original Suit No. 8492/2019

Date: 23.04.2022