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2013 DIGILAW 3609 (MAD)

Gowthamchand Jhambar v. Sardar Jain

2013-10-07

CHITRA VENKATARAMAN, T.S.SIVAGNANAM

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Judgment : a) for a preliminary decree for partition and separate possession of the plaintiff's 1/5th share in the item one of the schedule mentioned properties by metes and bounds taking into consideration the value of good and bad soil b) for a preliminary decree for partition of the plaintiff's 1/5th share in all the immovable property the first defendant has accumulated from the financial year 1979-90 and upto the date of plaint. ii) directing the 1st defendant: a) to direct the first defendant to account for all the assets acquired by the first defendant out of joint family nucleus. b) to render true and proper account of the business M/s.Papalal pawn brokers and c) direct the first defendant to pat with the plaintiff's 1/5th share out of all the assets accumulated by him from and out of the income of the business M/s. Papalal pawn brokers as and when the correct amount as is certained iii) direct the defendants to pay the costs of the suit and iv) grant such other suitable relief or reliefs as this Court may deem fit.) Chitra Venkataraman, J. 1. Parties are before this Court as well as the respective counsel. They filed memo of compromise in O.S.A.Nos.94 and 95 of 2011, filed as against the order passed in Application No.501 of 2010 in T.O.S.No.16 of 2003 as well as in Tr.C.S.No.443 of 2004. 2. Considering the compromise thus arrived at between the parties in the O.S.A., recording the said compromise, the O.S.(Appeals) and correspondingly Tr.C.S.No.443 of 2004 stand closed. 3. The Compromise Memo read that the terms entered into are full and final settlement of the claim against the estate of G.K.Papalal Sowcar @ Rikabchand Jhambar. 4. Considering the terms thus reached, the Original Side (Appeals) stand closed. The memo of compromise thus recorded shall form part of the order and the decree be drafted in terms of the compromise memo.