CS No. 4 of 2023 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-06-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE CS No. 4 of 2023 and A.Nos.2216, 2235, 2236 & 227 of 2025 1. Bijal K.Shah Flat No.101, Ground Floor, Swapnalok Apartment, 60, E.V.K.Sampath Road, Vepery, Chennai 600 007. 2. Master Parth K Shah Rep.by Mother and Guardian Bijai K Shah Flat No.101, Ground Floor, Swapnalok Apartments, 60.E.V.K Sampath Road, Vepery, Chennai 07. ..Plaintiff(s) Vs 1. Kalavati Shah Flat 121, Fifth Floor, Swapnalok Apartment, 60, E.V.K.Sampath Road, Vepery, Chennai 600 007. 2. Ms.Khushali K Shah Flat 121, Fifth Floor, Swapnalok Apartment, 60, E.V.K.Sampath Road, Vepery, Chennai 600 007. ..Defendant(s) Prayer : Suit filed under Order VII Rule 1 of Code of Civil Procedure, 1908 read with Order IV Rule 1 of O.S.Rules of Madras High Court for a) Partitioning the plaint schedule A and C mentioned immovable properties by dividing it into 1/4th equal share and allot the same among the plaintiffs & Defendants by appointing the Commissioner with suitable direction to divide the immovable properties by metes and bound and if it is incapable of partitioning then suitable direction to sell the same by inviting highest offer and https://www.mhc.tn.gov.in/judis CS No. 4 of 2023 __________ Page2 of 5 distribute the sale proceed according to the declare share b) partitioning the plaint B schedule mentioned movable property so far as 50% share is concerned by dividing it into 1/4th equal share and allot the same among the plaintiffs & defendants by appointing the commissioner with suitable direction to divide the immovable properties by metes and bound and if it is incapable of partitioning then suitable direction to sell the same by inviting highest offer and distribute the sale proceed according to the declared share c) partitioning the plaint schedule G, H & I mentioned immovable properties by dividing it and allot the same among the plaintiffs (collectively 33.33%) & defendants (1st defendant 50% & 2nd defendant 16.66%) by appointing the commissioner wit suitable direction to divide the immovable properties by metes and bound and if it is incapable of partitioning then suitable direction to sell the same by inviting highest offer and distribute the sale proceed according to the declare share. d) partitioning the plaint K schedule mentioned immovable properties by dividing it into two equal share and allot the same among the 2nd plaintiff & 2nd defendants by appointing the commissioner with suitable direction to divide the immovable properties by metes and bound and if it is incapable of partitioning then suitable direction to sell the same by inviting highest offer and distribute the sale proceed according to the declare share. e) partitioning the plant schedule D, E & F mentioned movable properties by valuating the same ont eh date of partition and distribute the same among the plaintiffs and defendants in their respective shares or alternatively by ordering the sale of shares and by distributing the sale proceeds of the shares among the plaintiffs and defendants f) partitioning the plaint schedule J mentioning movable properties by valuating the same on the date of partition and distribute the same among the plaintiffs and the defendants in their respective shares or alternatively by ordering the sale of shares and by distributing the sale proceeds of the shares among the plaintiffs and defendants g) partitioning the plaint schedule L mentioned movable properties by valuating the same on the date of partition and distribute the same https://www.mhc.tn.gov.in/judis CS No. 4 of 2023 __________ Page3 of 5 among the 2nd plaintiff and the 2nd defendant in their respective shares or alternatively by ordering the sale of shares and by distributing the sale proceeds of the shares among the plaintiffs and defendants h) directing both the defendants to render true and proper accounts of all the movables more particularly described in schedule D, E, F J & L mentioned properties in respect of Garage from 21.01.2021 the date of death of Kamin J Shah till the date of the plaint I) directing the defendants to immediately deposit all share, debentures fixed deposits and bank balance more particularly described in various schedule to the plaint to the credit of the above suit j) directing the defendants to pay to the plaintiffs the costs of the suit and K. grant such further or other relief or reliefs as this Court may deem fit and proper. For Plaintiff(s): M/s Rishab R.Jain-ms/489/2022 M.Sree Vishwanthini-ms/2603/2021 J.Pranav Reddy-ms/2749/2019 Arvind Raj.A-ms/1694/2022 Kousik.K-ms/4299/2023 Change Of Vak For Plainitffs D.No.22445/2024 Filed On 26/06/2024 No.3/7, D1, Ashiyana Colony,3rd Lane Ritherdan Road, Vepery, Chennai 07. For Defendant(s): M/s.P.B.Ramanujam (786/62) Rukmani R.V (2154/16) For D1 And D2 - D.No.2253/2023 Filed On 24.01.2023 No.19, Lc, Hcb, Ch-104 (ph.No.9841344378) Memo Of Compromise FILED D.NO.19159/2026 JUDGMENT This suit has been filed for partition and separate possession of the suit schedule properties by metes and bounds. https://www.mhc.tn.gov.in/judis CS No. 4 of 2023 __________ Page4 of 5 2. When this matter is taken up for hearing in the presence of both parties and both learned counsels for the plaintiff and the defendants submit that the matter has been settled between the parties and Joint Memorandum of Compromise dated 20.05.2026 duly signed by both the parties and their respective counsels has been filed. 3. In view of the above, this Civil Suit is disposed of in terms of the joint Memorandum of Compromise dated 20.05.2026. The Joint Memorandum of Compromise dated 20.05.2026 shall form part of the decree. Refund of Court fee ordered under Section 69-A of the Tamil Nadu Court Fees Suit & Valuation Act, 1955. Consequently, connected applications, if any stand closed. 23-06-2026 Index: Yes/No DPQ https://www.mhc.tn.gov.in/judis CS No. 4 of 2023 __________ Page5 of 5 DR.A.D.MARIA CLETE, J. DPQ CS No. 4 of 2023 23-06-2026 . https://www.mhc.tn.gov.in/judis