High Court · 2024

C.S.No.143 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 08.11.2024CORAMTHE HONOURABLE DR.JUSTICE G.JAYACHANDRANC.S.No.143 of 2024andA.No.5543 of 20241. Sunil Bhandari2. Amita Bhandari3. Manisha Bhandari4. Sahana (minor) Represented by her mother and natural guardian Mrs.Manisha Bhandari)5. Shaunak (minor) Represented by his mother and natural guardian Mrs.Manisha Bhandari) 6. Lakshmanan Bhandari7. Swetha Bhandari8. Jiyath Bhandari ( Represented by her father and natural guardian Mr.Lakshman Bhandari)9. Mukund Bhandari ( Represented by her father and natural guardian Mr.Lakshman Bhandari) ... PlaintiffsVs.1. Prakashmal Bhandari2. Pradeep Bhandari3. Rama Bhandari4. Rohit Bhandari5. Pooja Rohit Bhandari6. Aryann Bhandari (minor)1/11 https://www.mhc.tn.gov.in/judis C.S.No.143 of 2024 ( Represented by his father and natural guardian Mr.Rohit Bhandari) 7. Vashisth Bhandari ( Represented by his father and natural guardian Mr.Rohit Bhandari) 8. Bharath Bhandari9. Riddhi Bhandari10. Vilina Bhandari ( Represented by her father and natural guardian Mr.Rohit Bhandari) 11. Ved(minor) ( Represented by his father and natural guardian Mr.Bharat Bhandari) 12. Dileep Bhandari13. Mangala Bhandari14. Meenal Bhandari15. Shreya (minor) ( Represented by her mother and natural guardian Mrs.Meenal Bhandari) 16. Manjul Surana17. Hridaan Surana ( Represented by his mother and natural guardian Mrs.Manjul Surana) 18. Himal Singhvee19. Linayah Singhvee ( Represented by her mother and natural guardian Mrs.Himal Singhvee) 20. Kavir Singhvee ( Represented by his mother and natural guardian Mrs.Himal Singhvee) 21. Shuba Chordia22. Hema Chordia23. Pooja ChordiaPrayer: Plaint under Order VII Rule 1 of Civil Procedure Code, 1908, r/w Order IV Rule 1 and Order XXIV Rule 2 of the Madras High Court Original Side Rules to pass a decree and judgement 2/11 https://www.mhc.tn.gov.in/judis C.S.No.143 of 2024a) pass a preliminary decree partitioning the suit properties into two shares and declare that the plaintiffs are jointly entitled to one-half share of the suit properties.b) please to appoint an Advocate Commissioner for effecting division of the Suit properties on equity basis and pray this Hon'ble Court to allocate one half of the suit properties to the plaintiffs with metes and bounds.c) direct the defendants to pay the cost of the suit to the plaintiffs and pass such other reliefs or which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted.For Plaintiffs : Mr.G.VivekanandFor Defendants : Mr.Kumarpal R.Chopra JUDGEMENT This Civil Suit is filed for partition of the suit schedule property by metes and bounds. Pending disposal of the suit, the parties have arrived at compromise and memorandum of compromise executed by the plaintiffs as well as the defendants. 2. The suit is between the nine plaintiffs and twenty three defendants. Some of the parties to the proceedings are present in-person in the Court today acknowledging the execution of the memorandum of compromise. Few of them, had appeared through video-conferencing. 3/11 https://www.mhc.tn.gov.in/judis C.S.No.143 of 2024They have also consented for passing compromise decree, based on the memorandum of compromise dated 29.07.2024. 3. The learned counsels appearing for their respective parties also present and acknowledged execution of the compromise memo between the parties and seek for passing of final decree in terms of the memorandum of compromise. 4. Accordingly, while allowing the application in A.No.5543 of 2024, this Civil Suit is disposed of, based on the memorandum of compromise dated 29.07.2024. The said memorandum of compromise shall form part of the decree. The relevant portion of the Memorandum of Compromise is extracted here under:Now this Memorandum of Compromise Witnesseth as follows:1. The Suit Property is being divided and allocated to the respective parties hereinabove in the following manner: a. 50% undivided share out of the Suit Property which is morefully described in the Schedule A hereunder and hereinafter referred to as Schedule A Property is hereby allocated exclusively to Mr.Sunil Bhandari, son of late Ladmal Bhandari. b. 25% undivided share out of the Suit Property which is morefully described in the Schedule B hereunder and hereinafter referred to as Schedule B Property is hereby exclusively allocated Mr.Lakshman Bhandari, son of Sunil Bhandari. 4/11 https://www.mhc.tn.gov.in/judis C.S.No.143 of 2024c. 25% undivided share out of the Suit Property which is which is morefully described in the Schedule C hereunder and hereinafter referred to as Schedule C Property is hereby allocated exclusively to Mr.Dileep Bhandari, son of Prakashmal Bhandari.2. In lieu of the allocation of the Schedule B Property to Mr. Lakshman Bhandari, son of Sunil Bhandari, an owelty sum of INR 14,37,77,200/- (Indian Rupees Fourteen Crores, Thirty Seven Lakhs, Seventy Seven Thousand, Two Hundred Rupees only) shall be paid by Mr.Lakshman Bhandari in favour of members of the Pradeep Bhandari HUF in the following manner:a. A sum of INR 4,00,00,000/- (Indian Rupees Four Crores Rupees only) was paid in favour of Rohit Bhandari HUF vide demand draft dated 05.08.2024, Bank of Baroda, Rajakilpakkam Branch bearing No. 066747.b. A sum of INR 4,00,00,000/- (Indian Rupees Four Crores Rupees only) was pald in favour of Bharat Bhandari HUF vide Demand Draft dated 05.08.2024, Bank of Baroda Rajakilpakkam Branch bearing No. 066748c. A sum of INR3,18,88,600/- (Indian Rupees Three Crores Eighteen Lakhs, Eighty-Eight Thousand, Six Hundred Rupees only) shall be paid in favour of Rohit Bhandari HUF within a period of 12 months from the date of this Memorandum of Compromise.d. A sum of INR 3,18,88,600/- (Indian Rupees Three Crores Eighteen Lakhs, Eighty Eight Thousand, Six Hundred Rupees only) shall be paid in favour of Bharat Bhandari HUF within a period of 12 months from the date of this Memorandum of Compromise. Either on payment and realization of the amounts in terms of Clause 2(a) to Clause 2(d) hereinabove or on allocation of any other property to respective members of the Pradeep Bhandari HUF, Mr.Lakshman Bhandari shall automatically stand discharged from all his obligations and liabilities under this Memorandum of Compromise without any further reference or documentation.3. The Parties hereby confirm that in pursuance to the family arrangement under this Memorandum of Compromise the Parties shall have exclusive enjoyment and possession of the respective portion pursuant to this family arrangement to the exclusion of the other Parties.4. Schedule A Property, are hereby, released, relinquished, transferred 5/11 https://www.mhc.tn.gov.in/judis C.S.No.143 of 2024absolutely by the LP HUF and its members stated hereinabove in favour of the Mr. Sunil Bhandari, son of late Shri. Ladmal Bhandari to the intent that the said Mr. Sunil Bhandari, son of late Shri. Ladmal Bhandari shall be the absolute owner thereof to the Schedule A Property.5. Schedule B Property is hereby, released, relinquished, transferred absolutely by the LP HUF and its members stated hereinabove in favour of the Mr. Lakshman Bhandari, son of Sunil Bhandari to the intent that the said Mr. Lakshman Bhandari, son of Sunil Bhandari shall be the absolute owner thereof to the Schedule B Property.6. The movables of LP HUF more fully described in the Schedule D hereunder and hereinafter referred to as Schedule D Property is allotted Mr. Prakashmal Bhandari.7. Schedule C Property is hereby, released, relinquished, transferred absolutely by the LP HUF and its members stated hereinabove in favour of the Mr. Dileep Bhandari, son of Mr. Prakashmal Bhandari to the intent that the said Mr. Dileep Bhandari, son of Mr. Prakashmal Bhandari shall be the absolute owner thereof to the Schedule C Property.8. The parties are mutually agreed that the aforesaid 12000 square feet building shall be exclusively enjoyed by the said Mr. Sunil Bhandari and Mr. Lakshman Bhandari and similarly Mr. Dileep Bhandari shall use and enjoy 4000 square feet building till the respective buildings are demolished. The parties mutually agree that on demolition of the building, the building to be re-developed on the Suit Property shall be allocated in terms of Clause 9 infra.9. The said Mr. Sunil Bhandari, Mr.Lakshman Bhandari and Mr.Dileep Bhandari shall mutually agree to on the allocation of the building to be developed and constructed in the Suit Property, which shall form part and parcel of this Memorandum of Compromise on entering into such Allocation Agreement between the aforesaid Mr.Sunil Bhandari, Mr.Lakshman Bhandari and Mr.Dileep Bhandari. The said Allocation Agreement of the building shall be entered within a period of 30 days from the date of receipt of the fresh planning permit from the Chennai Metropolitan development authority. The allocation made under the Allocation Agreement shall deem to take effect from the date of this Memorandum of Compromise and under this Memorandum of Compromise.10. Each of the Parties hereby undertake to do or execute or cause to be done or executed all such acts, deeds and things including execution and registration of documents as may be found necessary for implementing and / or giving effect to or carrying out the terms of this deed and for more perfectly assuring title to the Parties hereto in respect of the properties allocated to each of them and described in Schedule A 6/11 https://www.mhc.tn.gov.in/judis C.S.No.143 of 2024Property to Schedule C Property hereunder.11. The original of this Memorandum of Compromise shall be with the Mr. Sunil Bhandari, son of late Ladmal Bhandari and other Parties are given with the counter part of this Memorandum of Compromise which all shall be treated as original for the purpose of their respective title. The said Mr. Sunil, son of late Ladmal Bhandari hereby undertakes to produce or cause to be produced the original Memorandum of Compromise as and when required by any of the other Parties hereto or their successors as the case may be.12. It is hereby covenanted by either of the Parties that there are no encumbrances or charges on any of the Schedule A Property to Schedule C Property hereby divided and if any encumbrance or charge is found to attach any part of such property the respective Party herein shall discharge the said encumbrances as the case may be.13. The respective property allotted to each of the Party herein shall be entered upon by the respective Party and hence forth held in severally by such Party without any interruption or disturbance by the other Party or anyone claiming through or under him.14. Each Party will at the cost of the person requiring the same or their respective successors shall do every such act or things as may be reasonably be required for further or more perfectly assuring the property hereby transferred to it by the other.15. The Parties also hereby by this deed of arrangement release, relinquish their rights in favour of respective other Parties the respective portions as per the allocation mentioned hereinabove.16. The Parties hereto hereby execute this Family Arrangement by way of Compromise in order to give quietus to the litigation and to maintain harmony among the family members.17. The Parties hereby declare that the respective shares are allotted and settled with a view to avoid protracted litigation and to maintain respect and harmony among the family members.18. The Parties to this document hereby specifically agree and undertake that this Memorandum of Compromise is made in good state of mind, voluntarily, understanding the full consequences of the arrangement and shall not question the said arrangement at any point of time that the properties allotted to respective parties are not proportionately equal in value.19. The division and family arrangement under this Memorandum of Compromise is entered and executed taking into consideration all the facts, circumstances and best available beneficials to the respective members of the LP HUF and also taking into consideration the welfare of 7/11 https://www.mhc.tn.gov.in/judis C.S.No.143 of 2024the minors being parties herein for the legal, moral and family necessities.20. The Parties herein admit, accept and agree that all the family properties are being subject matter of this Memorandum of Compromise and there are no other properties available for partition/ division between the Parties as joint family property.21. The status of joint family of LP HUF is hereby severed and divided in status and the properties allotted to the respective members of LP HUF under this deed shall be their absolute property, without any instance of the HUF, unless and otherwise the respective allottees intended to hatch pot the said shares, into any other HUF.22. The Stamp Duty and Registration Fees shall be borne by the allottees of Schedule A Property to Schedule C Property in proportion to their respective allotment herein.23. The possession of the respective Property allotted to each Party herein is respectively handed over to them on this day.24. The Parties mutually agree that notwithstanding that some of the Parties have signed from out side Chennai, but the for all legal purposes the execution is completed in Chennai and shall be deemed to be executed in Chennai.Suit PropertyAll that piece and parcel of land together with Buildings measuring 16000 square feet constructed there on forming part of Old R.S.No.116/2,T.S.No.116/6 and T.S.No.116/12, O.S.No.326, in all measuring 13724.24 square feet or thereabouts, bearing Old Door No.34,New Door No.73 and 75 Nungambakkam High Road(presently Uthamar Gandhi Salai) Nungambakkam , Chennai, 600 034, situated at Nungambakkam Village, Egmore Taluk, Chennai District, bounded on theNorth by : Land gifted for street alignment and Uthammar Gandhi SalaiEast by : Lands in T.S.No.116/2South by : Lands in T.S.No.116/2West by : Lands in T.S.No.116/4including the Property Tax Nos.09-113-01762-000/07-108-0254-000 and 09-113-01874-000/07-108-0255-000, Electricity Connection Nos.(i)136/020/49, (ii) 136/020/453, (iii) 136/020/454 and (iv)136/020/455 (v)136/020/45 (vi) 136/020/46, (vii)136/020/47, (viii)136/020/48,(ix)136/020/50, (x) 136/020/462 and Water Connections Nos.09/113/01762/000 and 09/113/01874/000 situated within the Registration District of Chennai Central and Sub Registration District of Chennai Central Joint II.8/11 https://www.mhc.tn.gov.in/judis C.S.No.143 of 2024Schedule A Property50% undivided share out of the suit property with respective building to be allotted in the allotment agreement or reconstruction of the buildings.Schedule B Property25% undivided share out of the suit property with respective building to be allotted in the allotment agreement or reconstruction of the buildings.Schedule D Property (Movables1. Amounts lying to the credit of Account No.0043073000000935, South Indian Bank, Mount Road Branch.2. Loan advanced to Mr.Kunal SuranaUnder the aforesaid facts and circumstances of the case it is hereby prayed that this Hon'ble Court pass decree declaring that (1) Schedule A Property is absolute and self-acquired property of Sunil Bhandari, S/o Ladmal Bhandari, the First plaintiff herein who shall have absolute right interest and title to the schedule A property.(2) Schedule B Property is absolute and self-acquired property of Lakshman Bhandari, S/o Sunil Bhandari, the sixth plaintiff herein who shall have absolute right interest and title to the schedule B property.(3) Schedule C Property is absolute and self-acquired property of Dileep Bhandari, S/o Prakashmal Bhandari, the twelth defendant' herein who shall have absolute right interest and title to the schedule C property mentioned herein above, with no parties having any rights interest or title to the said Scheduled C Property.(4) Schedule D Property is absolutely allotted and handed over to Prakashmal Bhandari, 1st defendant herein.” 6. The parties shall pay their respective stamp duty within a period of four weeks. Thereafter, the decree may be drafted. 08.11.20249/11 https://www.mhc.tn.gov.in/judis C.S.No.143 of 2024VvDr.G.JAYACHANDRAN,J.Vv10/11 https://www.mhc.tn.gov.in/judis C.S.No.143 of 2024C.S.No.143 of 2024andA.No.5543 of 202408.11.202411/11

C.S.No.143 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 08.11.2024CORAMTHE HONOURABLE DR.JUSTICE G.JAYACHANDRANC.S.No.143 of 2024andA.No.5543 of 20241. Sunil Bhandari2. Amita Bhandari3. Manisha Bhandari4. Sahana (minor) Represented by her mother and natural guardian Mrs.Manisha Bhandari)5. Shaunak (minor) Represented by his mother and natural guardian Mrs.Manisha Bhandari) 6. Lakshmanan Bhandari7. Swetha Bhandari8. Jiyath Bhandari ( Represented by her father and natural guardian Mr.Lakshman Bhandari)9. Mukund Bhandari ( Represented by her father and natural guardian Mr.Lakshman Bhandari) ... PlaintiffsVs.1. Prakashmal Bhandari2. Pradeep Bhandari3. Rama Bhandari4. Rohit Bhandari5. Pooja Rohit Bhandari6. Aryann Bhandari (minor)1/11 https://www.mhc.tn.gov.in/judis C.S.No.143 of 2024 ( Represented by his father and natural guardian Mr.Rohit Bhandari) 7. Vashisth Bhandari ( Represented by his father and natural guardian Mr.Rohit Bhandari) 8. Bharath Bhandari9. Riddhi Bhandari10. Vilina Bhandari ( Represented by her father and natural guardian Mr.Rohit Bhandari) 11. Ved(minor) ( Represented by his father and natural guardian Mr.Bharat Bhandari) 12. Dileep Bhandari13. Mangala Bhandari14. Meenal Bhandari15. Shreya (minor) ( Represented by her mother and natural guardian Mrs.Meenal Bhandari) 16. Manjul Surana17. Hridaan Surana ( Represented by his mother and natural guardian Mrs.Manjul Surana) 18. Himal Singhvee19. Linayah Singhvee ( Represented by her mother and natural guardian Mrs.Himal Singhvee) 20. Kavir Singhvee ( Represented by his mother and natural guardian Mrs.Himal Singhvee) 21. Shuba Chordia22. Hema Chordia23. Pooja ChordiaPrayer: Plaint under Order VII Rule 1 of Civil Procedure Code, 1908, r/w Order IV Rule 1 and Order XXIV Rule 2 of the Madras High Court Original Side Rules to pass a decree and judgement 2/11 https://www.mhc.tn.gov.in/judis C.S.No.143 of 2024a) pass a preliminary decree partitioning the suit properties into two shares and declare that the plaintiffs are jointly entitled to one-half share of the suit properties.b) please to appoint an Advocate Commissioner for effecting division of the Suit properties on equity basis and pray this Hon'ble Court to allocate one half of the suit properties to the plaintiffs with metes and bounds.c) direct the defendants to pay the cost of the suit to the plaintiffs and pass such other reliefs or which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted.For Plaintiffs : Mr.G.VivekanandFor Defendants : Mr.Kumarpal R.Chopra JUDGEMENT This Civil Suit is filed for partition of the suit schedule property by metes and bounds. Pending disposal of the suit, the parties have arrived at compromise and memorandum of compromise executed by the plaintiffs as well as the defendants. 2. The suit is between the nine plaintiffs and twenty three defendants. Some of the parties to the proceedings are present in-person in the Court today acknowledging the execution of the memorandum of compromise. Few of them, had appeared through video-conferencing. 3/11 https://www.mhc.tn.gov.in/judis C.S.No.143 of 2024They have also consented for passing compromise decree, based on the memorandum of compromise dated 29.07.2024. 3. The learned counsels appearing for their respective parties also present and acknowledged execution of the compromise memo between the parties and seek for passing of final decree in terms of the memorandum of compromise. 4. Accordingly, while allowing the application in A.No.5543 of 2024, this Civil Suit is disposed of, based on the memorandum of compromise dated 29.07.2024. The said memorandum of compromise shall form part of the decree. The relevant portion of the Memorandum of Compromise is extracted here under:Now this Memorandum of Compromise Witnesseth as follows:1. The Suit Property is being divided and allocated to the respective parties hereinabove in the following manner: a. 50% undivided share out of the Suit Property which is morefully described in the Schedule A hereunder and hereinafter referred to as Schedule A Property is hereby allocated exclusively to Mr.Sunil Bhandari, son of late Ladmal Bhandari. b. 25% undivided share out of the Suit Property which is morefully described in the Schedule B hereunder and hereinafter referred to as Schedule B Property is hereby exclusively allocated Mr.Lakshman Bhandari, son of Sunil Bhandari. 4/11 https://www.mhc.tn.gov.in/judis C.S.No.143 of 2024c. 25% undivided share out of the Suit Property which is which is morefully described in the Schedule C hereunder and hereinafter referred to as Schedule C Property is hereby allocated exclusively to Mr.Dileep Bhandari, son of Prakashmal Bhandari.2. In lieu of the allocation of the Schedule B Property to Mr. Lakshman Bhandari, son of Sunil Bhandari, an owelty sum of INR 14,37,77,200/- (Indian Rupees Fourteen Crores, Thirty Seven Lakhs, Seventy Seven Thousand, Two Hundred Rupees only) shall be paid by Mr.Lakshman Bhandari in favour of members of the Pradeep Bhandari HUF in the following manner:a. A sum of INR 4,00,00,000/- (Indian Rupees Four Crores Rupees only) was paid in favour of Rohit Bhandari HUF vide demand draft dated 05.08.2024, Bank of Baroda, Rajakilpakkam Branch bearing No. 066747.b. A sum of INR 4,00,00,000/- (Indian Rupees Four Crores Rupees only) was pald in favour of Bharat Bhandari HUF vide Demand Draft dated 05.08.2024, Bank of Baroda Rajakilpakkam Branch bearing No. 066748c. A sum of INR3,18,88,600/- (Indian Rupees Three Crores Eighteen Lakhs, Eighty-Eight Thousand, Six Hundred Rupees only) shall be paid in favour of Rohit Bhandari HUF within a period of 12 months from the date of this Memorandum of Compromise.d. A sum of INR 3,18,88,600/- (Indian Rupees Three Crores Eighteen Lakhs, Eighty Eight Thousand, Six Hundred Rupees only) shall be paid in favour of Bharat Bhandari HUF within a period of 12 months from the date of this Memorandum of Compromise. Either on payment and realization of the amounts in terms of Clause 2(a) to Clause 2(d) hereinabove or on allocation of any other property to respective members of the Pradeep Bhandari HUF, Mr.Lakshman Bhandari shall automatically stand discharged from all his obligations and liabilities under this Memorandum of Compromise without any further reference or documentation.3. The Parties hereby confirm that in pursuance to the family arrangement under this Memorandum of Compromise the Parties shall have exclusive enjoyment and possession of the respective portion pursuant to this family arrangement to the exclusion of the other Parties.4. Schedule A Property, are hereby, released, relinquished, transferred 5/11 https://www.mhc.tn.gov.in/judis C.S.No.143 of 2024absolutely by the LP HUF and its members stated hereinabove in favour of the Mr. Sunil Bhandari, son of late Shri. Ladmal Bhandari to the intent that the said Mr. Sunil Bhandari, son of late Shri. Ladmal Bhandari shall be the absolute owner thereof to the Schedule A Property.5. Schedule B Property is hereby, released, relinquished, transferred absolutely by the LP HUF and its members stated hereinabove in favour of the Mr. Lakshman Bhandari, son of Sunil Bhandari to the intent that the said Mr. Lakshman Bhandari, son of Sunil Bhandari shall be the absolute owner thereof to the Schedule B Property.6. The movables of LP HUF more fully described in the Schedule D hereunder and hereinafter referred to as Schedule D Property is allotted Mr. Prakashmal Bhandari.7. Schedule C Property is hereby, released, relinquished, transferred absolutely by the LP HUF and its members stated hereinabove in favour of the Mr. Dileep Bhandari, son of Mr. Prakashmal Bhandari to the intent that the said Mr. Dileep Bhandari, son of Mr. Prakashmal Bhandari shall be the absolute owner thereof to the Schedule C Property.8. The parties are mutually agreed that the aforesaid 12000 square feet building shall be exclusively enjoyed by the said Mr. Sunil Bhandari and Mr. Lakshman Bhandari and similarly Mr. Dileep Bhandari shall use and enjoy 4000 square feet building till the respective buildings are demolished. The parties mutually agree that on demolition of the building, the building to be re-developed on the Suit Property shall be allocated in terms of Clause 9 infra.9. The said Mr. Sunil Bhandari, Mr.Lakshman Bhandari and Mr.Dileep Bhandari shall mutually agree to on the allocation of the building to be developed and constructed in the Suit Property, which shall form part and parcel of this Memorandum of Compromise on entering into such Allocation Agreement between the aforesaid Mr.Sunil Bhandari, Mr.Lakshman Bhandari and Mr.Dileep Bhandari. The said Allocation Agreement of the building shall be entered within a period of 30 days from the date of receipt of the fresh planning permit from the Chennai Metropolitan development authority. The allocation made under the Allocation Agreement shall deem to take effect from the date of this Memorandum of Compromise and under this Memorandum of Compromise.10. Each of the Parties hereby undertake to do or execute or cause to be done or executed all such acts, deeds and things including execution and registration of documents as may be found necessary for implementing and / or giving effect to or carrying out the terms of this deed and for more perfectly assuring title to the Parties hereto in respect of the properties allocated to each of them and described in Schedule A 6/11 https://www.mhc.tn.gov.in/judis C.S.No.143 of 2024Property to Schedule C Property hereunder.11. The original of this Memorandum of Compromise shall be with the Mr. Sunil Bhandari, son of late Ladmal Bhandari and other Parties are given with the counter part of this Memorandum of Compromise which all shall be treated as original for the purpose of their respective title. The said Mr. Sunil, son of late Ladmal Bhandari hereby undertakes to produce or cause to be produced the original Memorandum of Compromise as and when required by any of the other Parties hereto or their successors as the case may be.12. It is hereby covenanted by either of the Parties that there are no encumbrances or charges on any of the Schedule A Property to Schedule C Property hereby divided and if any encumbrance or charge is found to attach any part of such property the respective Party herein shall discharge the said encumbrances as the case may be.13. The respective property allotted to each of the Party herein shall be entered upon by the respective Party and hence forth held in severally by such Party without any interruption or disturbance by the other Party or anyone claiming through or under him.14. Each Party will at the cost of the person requiring the same or their respective successors shall do every such act or things as may be reasonably be required for further or more perfectly assuring the property hereby transferred to it by the other.15. The Parties also hereby by this deed of arrangement release, relinquish their rights in favour of respective other Parties the respective portions as per the allocation mentioned hereinabove.16. The Parties hereto hereby execute this Family Arrangement by way of Compromise in order to give quietus to the litigation and to maintain harmony among the family members.17. The Parties hereby declare that the respective shares are allotted and settled with a view to avoid protracted litigation and to maintain respect and harmony among the family members.18. The Parties to this document hereby specifically agree and undertake that this Memorandum of Compromise is made in good state of mind, voluntarily, understanding the full consequences of the arrangement and shall not question the said arrangement at any point of time that the properties allotted to respective parties are not proportionately equal in value.19. The division and family arrangement under this Memorandum of Compromise is entered and executed taking into consideration all the facts, circumstances and best available beneficials to the respective members of the LP HUF and also taking into consideration the welfare of 7/11 https://www.mhc.tn.gov.in/judis C.S.No.143 of 2024the minors being parties herein for the legal, moral and family necessities.20. The Parties herein admit, accept and agree that all the family properties are being subject matter of this Memorandum of Compromise and there are no other properties available for partition/ division between the Parties as joint family property.21. The status of joint family of LP HUF is hereby severed and divided in status and the properties allotted to the respective members of LP HUF under this deed shall be their absolute property, without any instance of the HUF, unless and otherwise the respective allottees intended to hatch pot the said shares, into any other HUF.22. The Stamp Duty and Registration Fees shall be borne by the allottees of Schedule A Property to Schedule C Property in proportion to their respective allotment herein.23. The possession of the respective Property allotted to each Party herein is respectively handed over to them on this day.24. The Parties mutually agree that notwithstanding that some of the Parties have signed from out side Chennai, but the for all legal purposes the execution is completed in Chennai and shall be deemed to be executed in Chennai.Suit PropertyAll that piece and parcel of land together with Buildings measuring 16000 square feet constructed there on forming part of Old R.S.No.116/2,T.S.No.116/6 and T.S.No.116/12, O.S.No.326, in all measuring 13724.24 square feet or thereabouts, bearing Old Door No.34,New Door No.73 and 75 Nungambakkam High Road(presently Uthamar Gandhi Salai) Nungambakkam , Chennai, 600 034, situated at Nungambakkam Village, Egmore Taluk, Chennai District, bounded on theNorth by : Land gifted for street alignment and Uthammar Gandhi SalaiEast by : Lands in T.S.No.116/2South by : Lands in T.S.No.116/2West by : Lands in T.S.No.116/4including the Property Tax Nos.09-113-01762-000/07-108-0254-000 and 09-113-01874-000/07-108-0255-000, Electricity Connection Nos.(i)136/020/49, (ii) 136/020/453, (iii) 136/020/454 and (iv)136/020/455 (v)136/020/45 (vi) 136/020/46, (vii)136/020/47, (viii)136/020/48,(ix)136/020/50, (x) 136/020/462 and Water Connections Nos.09/113/01762/000 and 09/113/01874/000 situated within the Registration District of Chennai Central and Sub Registration District of Chennai Central Joint II.8/11 https://www.mhc.tn.gov.in/judis C.S.No.143 of 2024Schedule A Property50% undivided share out of the suit property with respective building to be allotted in the allotment agreement or reconstruction of the buildings.Schedule B Property25% undivided share out of the suit property with respective building to be allotted in the allotment agreement or reconstruction of the buildings.Schedule D Property (Movables1. Amounts lying to the credit of Account No.0043073000000935, South Indian Bank, Mount Road Branch.2. Loan advanced to Mr.Kunal SuranaUnder the aforesaid facts and circumstances of the case it is hereby prayed that this Hon'ble Court pass decree declaring that (1) Schedule A Property is absolute and self-acquired property of Sunil Bhandari, S/o Ladmal Bhandari, the First plaintiff herein who shall have absolute right interest and title to the schedule A property.(2) Schedule B Property is absolute and self-acquired property of Lakshman Bhandari, S/o Sunil Bhandari, the sixth plaintiff herein who shall have absolute right interest and title to the schedule B property.(3) Schedule C Property is absolute and self-acquired property of Dileep Bhandari, S/o Prakashmal Bhandari, the twelth defendant' herein who shall have absolute right interest and title to the schedule C property mentioned herein above, with no parties having any rights interest or title to the said Scheduled C Property.(4) Schedule D Property is absolutely allotted and handed over to Prakashmal Bhandari, 1st defendant herein.” 6. The parties shall pay their respective stamp duty within a period of four weeks. Thereafter, the decree may be drafted. 08.11.20249/11 https://www.mhc.tn.gov.in/judis C.S.No.143 of 2024VvDr.G.JAYACHANDRAN,J.Vv10/11 https://www.mhc.tn.gov.in/judis C.S.No.143 of 2024C.S.No.143 of 2024andA.No.5543 of 202408.11.202411/11