S. Arumugam and Another v. Mrs. C.Chanmundeeswari (Deceased) 1.S.Rathinammal and 15 Others

ORDER This application has been filed by the applicants / defendants 5 and 6 seeking permission of the Court to purchase 1/4th share in Item – I of the suit property from the plaintiffs / respondents 1 to 3, for a sum of Rs.51,35,000/-.

¶2So far as Item I of the suit schedule property is concerned, the parties have arrived at a compromise and one of the terms of the compromise is to allow the defendants 5 and 6 to purchase 1/4th share of the plaintiffs in Item – I of the suit property for a sum of Rs.51,35,000/-. The respondents / plaintiffs have agreed to release their share in Item – I of the suit property by receiving the above consideration of Rs.51,35,000/-.

¶3The learned counsel for the respondents 1 to 3 / plaintiffs submitted that he has got no objection to allow this application by granting permission to the applicants to purchase 1/4th share of the respondents 1 to 3 / plaintiff's in Item – I of the suit schedule property.

¶4The defendants 13 to 16 who have already been set ex parte have filed an application set aside the ex parte order. However, being the subsequent purchaser they cannot have any objection to the compromise entered into between the sharers in respect of Item – I of the suit property. It is submitted that the consideration agreed at Rs.51,35,000/- for the above transaction as per the terms of compromise has already been paid by these applicants and it has been received by the respondents 1 to 3 / plaintiffs. Hence, I feel this application can be allowed by recording the undertaking given by the respondents 1 to 3 / plaintiffs to execute the release deed in favour of the applicants / defendants 5 and 6 in respect of their 1/4th share in Item – I of the suit schedule property.

¶5In view of the above observations, this application is allowed. The respondents 1 to 3 / plaintiffs are directed to execute the release deed in favour of the applicants / defendants 5 and 6 as agreed above, within a period of two weeks. 23-01-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes bkn R.N.MANJULA J. bkn In C.S.No.610 of 2013 23-01-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-01-2026 CORAM THE HONOURABLE DR.JUSTICE R.N.MANJULA in C.S.No.610 of 2013 1. S. Arumugam S/o.Late M.P.Subramania Mudaliar, Both are residing at No.202 Paper Mills Road, Perambur, Chennai 600 011. 2. S.Dhakshinamoorthy S/o.Late M.P.Subramania Mudaliar. Applicant(s) Vs 1. MRS. C.CHANMUNDEESWARI (Deceased) 1.S.Rathinammal W/o.Late S.Shanmugam 2.S.Kumaravelu S/o.Late S.Shanmugam 3.S.Saravanakumar S/o.Late S.Shanmugam, Respondents 1 to 3 are residing at No.29, Lakshmiamman Koil Street, Perambur, Chennai 600 011. 4.S.Dhanalakshmi D/o.Late S.Chandrasekaran, No.202, Paper Mills Road, Perambur, Chennai 600 011. 5.C.Sivasubramaniam S/o.Late S.Chandrasekaran, No.202, Paper Mills Road, Perambur, Chennai 600 011. 6.C.Balasubramaniam S/o.Late S.Chandrasekaran 7.S.Vedachalam S/o.G.Shanmugam 8.S.Geethypriyan S/o.G.Shanmugam 9.Minor S.Nava Vignesh S/o.C.Sivasubramaniam, Rep.by his father and natural guardian C.Sivasubramaniam 10.Minor S.Narayanamoorthi S/o.C.Sivasubramaniam, Rep.by his father and natural guardian C.Sivasubramaniam 11.Minor B.Sakthivel S/o.C.Sivasubramaniam, Rep.by his father and natural guardian C.Sivasubramaniam 12.Minor Thirumoorthy S/o.C.Sivasubramaniam, Rep.by his father and natural guardian C.Sivasubramaniam 13.S.N.Thiyagarajan S/o.Nataraja Boopathy 14.T.Manivannan S/o.N.Thiyagarajan 15.T.Ravindran S/o.S.N.Thiyagarajan 16.T.Rajkumar S/o.S.N.Thiyagarajan, Respondents 13 to 16 are residing at No.25, Second Lane, Madhavaram High Road, Perambur, Chennai 600 011. Respondent(s) PRAYER: Application is filed to permit the applicants to purchase the 1/4th share in the item 1 of the suit property from the plaintiffs 1 to 3 respondents herein at Rs.51,35,000/-. For Applicant(s): M/S.M. Ganesan For Respondent: Mr.K.V.Babu for R1 to R3 Mr.C.Shankar for R14 to R16