Nandini Srinivasan (Deceased) v. Nirmala Krishnaswamy and 3 others
CS/228/2024 · 2026-07-29
A D Maria Clete
Transfer Petitionbody2024
DailyLaw.ai
[ 2024 DAILYLAW 4987 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 4987 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CS No. 228 of 2024 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE CS No. 228 of 2024 1.Nandini Srinivasan (Deceased) W/o Late Srinivasan Seshadri 2.Daya Srinivasan, W/o Govindarajan Veeraraghavan both permanently residing at Flat No.E2, P.A.Apartments, Old No.81, New No.193/1, Luz vhurch Road, Mylapore, Chennai -600004. Both 1st and 2nd Plainitffs are presently residing at No.5543, Malibu Drive, Edina, MN 55436. Both 1st and 2nd Plaintiffs are Represented by their Power Agent Govindarajan Veeraghavan No.5543, Malibu Drive, Edina, MN 55436 (1st Plaintiff deceased and amendment carried out as perorder dated 12.12.2024 in A.No.6518/2024) ..Plaintiff(s) Vs
1. Nirmala Krishnaswamy and 3 others W/o N.C.Krishnaswamy, Plot No.1243, 13th Main Road, Anna Nagar, Chennai - 600 040
2. Kala Doraisamy W/o S.Doraisamy, Tower 47, Mt.208, Ashiana Subham senior living Melrosapuram Road, Govindapuram, Maramalainagar, Chennai 603209. https://www.mhc.tn.gov.in/judis
CS No. 228 of 2024 __________ Page2 of 4
3. 3rd Defendant Given up by Order dated 24.07.2026 passed by this Honble court in Memo dated 02/07/2026 in C.S.No.228/2024)
4. Palanisamy Apartment Owners Association, Represented by its SEcretary, Repressented by its Secretary, Old Door, No.81,82,83/New Door No.181 to 189 Luz Chruch Road, Chennai 04. ..Defendant(s) CS No. 228 of 2024 Prayer: Plaint filed under Order IV Rule 1 of the Original side Rules read with
Order VII Rule 1 of CPC, 1908, praying to pass a judgement and decree, a) to declare that the 1st Plainitff is entitled to 1/3rd share in the Schedule D mentioned property. b) Permanent injunction restraining defedants 3 and 4, from redeveloping any portion of Schedule D and Schedule F property. c.Permanetn injunction restraining the 3rd and 4th Defendants or any person claiming though or undet tem from in any manner disturbing or interfering with the peaceful possession and enjoyment of the schedule F property by the plaintiffs n any manner whatsoever. d. Cost of the suit. CS No. 228 of 2024 For Plaintiff(s): Mr.R.Parthasarathy, senior counsel for M/s S.Rekha For Defendant(s): Mr.P.R.Raman, senior counsel for A.Umasankar for RR1, 2 & 4. M/s.C.Kanagavalli, Advocate Commissioner https://www.mhc.tn.gov.in/judis
CS No. 228 of 2024 __________ Page3 of 4
Judgment When the matter was taken up for hearing in the presence of both parties and their respective learned counsel, the parties expressed their willingness to enter into a compromise and submitted that the disputes between them have been amicably settled. A Joint Memorandum of Compromise dated 28.07.2026, duly signed by both the parties and their respective learned counsel, has been filed before this Court.
2. In view of the above, this Original Petition is disposed of in terms of the Joint Memorandum of Compromise dated 28.07.2026. The said Joint Memorandum of Compromise shall form part of this Judgment and Decree. Consequently, the connected applications/original applications, if any, shall stand closed.
3. Both the learned counsel appearing for the petitioner and the respondent submitted that, in view of the settlement arrived at between the parties, the Court may permit refund of the court fee.
4. In the light of the judgment of the Hon'ble Supreme Court in High Court of Judicature at Madras, represented by its Registrar General v. M.C. Subramaniam and Others, reported in (2021) 3 SCC 560, this Court directs the Registry to refund the entire court fee paid in the proceedings under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955. No costs. Consequently, the connected applications/original applications, if any, shall stand closed. 29-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No JRS https://www.mhc.tn.gov.in/judis
CS No. 228 of 2024 __________ Page4 of 4 DR.A.D.MARIA CLETE J. JRS CS No. 228 of 2024 29-07-2026 https://www.mhc.tn.gov.in/judis