Authority: High Court of Judicature at Madras

Order Date: 29-07-2026

Case Overview

  • Plaintiffs: Nandini Srinivasan (Deceased) w/o Late Srinivasan Seshadri and Daya Srinivasan w/o Govindarajan Veeraraghavan, both originally residing at Flat No.E2, P.A. Apartments, Old No.81, New No.193/1, Luz Church Road, Mylapore, Chennai‑600004, later residing at 5543 Malibu Drive, Edina, MN 55436. They were represented by their Power Agent Govindarajan Veeraghavan (address same as above).
  • Defendants: (1) Nirmala Krishnaswamy and three others w/o N.C. Krishnaswamy, residing at Plot No.1243, 13th Main Road, Anna Nagar, Chennai‑600040; (2) Kala Doraisamy w/o S. Doraisamy, residing at Tower 47, Mt.208, Ashiana Subham Senior Living, Melrosapuram Road, Govindapuram, Maramalainagar, Chennai‑603209; (3) Palanisamy Apartment Owners Association, represented by its Secretary, address Old Door No.81‑83, New Door No.181‑189, Luz Church Road, Chennai‑04. The fourth defendant was given up by order dated 24‑07‑2026.
  • Prayer in the original petition (filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of CPC, 1908):

a) Declare the 1st plaintiff entitled to one‑third share in the Schedule D mentioned property.

b) Permanent injunction restraining defendants 3 and 4 from redeveloping any portion of Schedule D and Schedule F property.

c) Permanent injunction restraining defendants 3 and 4 or any person claiming through or under them from disturbing or interfering with the peaceful possession and enjoyment of the Schedule F property by the plaintiffs.

d) Costs of the suit.

  • Counsel: For Plaintiffs – Mr. R. Parthasarathy, senior counsel for M/s S. Rekha. For Defendants – Mr. P.R. Raman, senior counsel for A. Umasankar for RR1, 2 & 4, and M/s C. Kanagavalli, Advocate Commissioner.

During the hearing, both parties and their counsel expressed willingness to settle. A Joint Memorandum of Compromise dated 28.07.2026, signed by the parties and their counsel, was filed before the Court.

Final Outcome

1. The Original Petition is disposed of in terms of the Joint Memorandum of Compromise dated 28.07.2026; the memorandum forms part of this Judgment and Decree.

2. All connected/original applications, if any, stand closed.

3. Upon request of counsel, the Court directs the Registry to refund the entire court fee paid, pursuant to Section 69‑A of the Tamil Nadu Court‑Fees and Suits Valuation Act, 1955, citing the Supreme Court judgment in High Court of Judicature at Madras v. M.C. Subramaniam & Others (2021) 3 SCC 560.

4. No costs are awarded.

Topics: Property Settlement, Court Fee Refund