CIVIL APPEAL 302 of 2012 on 22 May 1986

1. H.Shankar,

2. H.Murugavel @ Mukesh,

Plaintiffs 1 & 2 representedby their Power Agent A.Harikrishnan,residing at Old No.19/A, New No.27,Sowmya Apartments (Ground Floor),North Mada Perumal Koil Street,Villivakkam, Chennai-600 049.

... Plaintiffs

1. C.S.Deva Kumar,

-Versus-

2. C.S.Sethu,

1 & 2 are residing at No.21,5th Street, Red Hills Road,Villivakkam, Chennai-600 049.

3. K.S.Krishna Kumar (Executor of the Will), 49, Bazaar Street, Villivakkam,Chennai-600 049.

4. Smt.J.Vatchala (Deceased),(*)No.691, 28th Street, TNHB,Korattur, Chennai-600 080.

5. Muthuraj (Catering Services),

No.56, Red Hills Road,

Villivakkam, Chennai-600 049.

2

6. Mrs.M.Dhanalakshmi,(*)

W/o.Moorthy,

691, 28th Street, TNHB,

Korattur, Chennai-600 080.

... Defendants

(*)6th defendant is brought on

record as LRs of the deceased4th defendant as per order dated09.01.2017 in A. Nos.88 to 90 of 2017

C.S.No.302 of 2012

Civil Suit praying that this Hon'ble Court be pleased to pass a decreeand judgement:-

(i) for partition and separate possession of Plaintiff's 1/3 share each inthe plaint schedule 1 property by metes and bounds and allot the scheduleproperty II to the first plaintiff and schedule III to the second plaintiff interms of Will dated 22.5.1986 of Smt.Jagadambal Ammal - probated inT.O.S.No.9 of 1991.

(ii) for rendition of accounts by defendant 1 and 2 for the scheduleproperty I as per the judgment O.A.No.593 of 1993 in C.S.No.912 on thefile of this Hon'ble Court.

(iii) direct the defendants to pay to each plaintiff, their 1/3rd sharetowards mense profit estimated to be Rs.4,50,000/-

(iv) for permanent injunction restraining the defendants 1 and 2 fromcollecting the rent from defendant No.5.

(v) for appointment of Advocate Commissioner to divide theSchedule Property I by metes and bounds amongst Plaintiffs and Defendants1,2 and 4 and allot the schedule property II to the first plaintiff and schedule III to the second plaintiff in terms of Will dated 22.05.1986 of Smt.Jagadambal Ammal - probated in T.O.S.No.9 of 1991 in terms of saidhttps://hcservices.ecourts.gov.in/hcservices/probated Will.

(vi) for costs of suit.

This Civil Suit coming on this day before this court for hearing, theCourt made the following order:

In this case, a compromise decree has been passed and vis-a-vis correctingthe name of the defendant, some application has been taken out and that toohas been allowed.

2. Essentially, nothing survives for adjudication or consideration of thisCourt. It appears that the Registry has wrongly posted the matter.

Sd./-NSSJ 28.10.2021

//Certified to be true copy//

Dated at Madras this the day of 2021.

COURT OFFICER(O.S.)

From 25th day of September 2008 the Registry is issuing certified copies ofthe Orders/Judgments/Decrees in this format.JJ 10/11/2021