IN THE COURT OF HON’BLE MUNSIFF

PLAINT PRESENTED BY THE PLAINTIFFS UNDER ORDER VII

RULE 1READ WITH SECTION 26 OF CODE OF CIVIL
PROCEDURE

Plaintiffs in the above suit most humbly submit, as follows,

1. The plaintiffs are permanently residing at the address shown in the

cause title and all summonses, notices and other processes of this
Hon’ble Court to be served on the plaintiffs in the address shown
in the cause title.
2. The defendants are residing at the address shown in the cause title
and all summonses, notices and other processes of this Hon’ble
Court to be served on the defendants in the address shown in the
cause title.
3. Plaintiff No.1 is the second wife and plaintiff No.2 is the son, of
……………………………….by whom the plaint schedule
property measuring 67.50 Cents of land was acquired via the
partition deed No. 2345/1975 of Registrar Office, and in his
exclusive possession till death. Defendant Nos. 1 to 5 are the
children born to the above mentioned Kader in his first wife. Being
so the said Kader died on 08.08.2010 and the rights over the plaint
schedule property devolved upon plaintiffs and defendants being
the surviving legal heirs. Thereafter the plaintiffs and defendants
were in joint possession, enjoyment and ownership of the above
mentioned property.
4. Later on 19.03.2015 plaintiffs herein had instituted a civil suit as
O.S.No. 277/2015 for the partition and separate possession of suit
schedule property against the defendants herein before the Hon’ble
Principal Munsiff Court-II. In the meantime of trial of O.S.No.
277/2015 the said suit was referred to mediation as per the order of
Hon’ble Principal Munsiff Court-II, and in the course of
mediation, the parties arrived at a settlement and both the parties
executed a settlement agreement on 12.04.2018 vide the
proceedings of Mediation Centre, mutually consenting and
unequivocally accepting all the terms and conditions set forth in
the settlement agreement. Certified copy of the memorandum of
agreement is produced herewith and may be considered as part of
the plaint.
5. Consequently on 18.06.2018 in terms of the memorandum of
agreement entered into and executed between the plaintiffs and
 defendants therein, O.S.No. 277/2015 was dismissed as withdrawn
by the Hon’ble Principal Munsiff Court-II,. Certified copy of the
judgment in O.S.No. 277/2015 is produced herewith and may be
considered as the part of plaint.
6. The plaintiffs and defendants in the instant suit were in the same
position of plaintiffs and defendants respectively in O.S.No.
277/2015 of Hon’ble Principal Munsiff Court-II, All the plaintiffs
and defendants in O.S.No.277/2015 signed the memorandum of
settlement agreement executed between them on 12.4.2018 at
Mediation Centre.
7. As per the memorandum of agreement entered into, signed and
executed, both parties agreed to partition the plaint schedule
property according to the respective shares to which they are
legally entitled. As per No.2 of terms and conditions, the parties
have mutually understood and consented to the allocation of share
of property according to their entitlement to respective shares and
the division of plaint schedule property with precise metes and
bounds.
8. The parties arrived at a mutual agreement after verifying the
proportion and entitlement to their respective shares fixed
according to the settlement agreement. The division of property in
metes and bounds and each party’s respective share was accurately
and separately marked in the sketch of proposed partition plan of
plaint schedule property and that was duly examined, consented to
and agreed by the parties by the terms of settlement agreement.
9. The third condition set forth in the memorandum of agreement
that, the first plaintiff should take necessary steps for appointment
of legal guardian of second plaintiff and further procedures as per
the National Trust for the Welfare of Persons with Autism,
Cerebral Palsy, Mental Retardation and Multiple Disabilities Act,
1999. Those terms of conditions in the settlement agreement was
duly fulfilled by the first plaintiff herein. Accordingly the first
plaintiff and Aboobacker.A.K, the first defendant herein were
appointed as the legal guardian of second plaintiff. Certificate of
appointment of legal guardian issued by the Ministry of Social
Justice and Empowerment in respect of the Ward Muhammed
Ashraf.K is produced herewith.
10. The entire things being stood so, the plaintiffs herein
approached the defendants to partition the suit schedule property in
terms of the memorandum of agreement executed on 12.4.2018.
 Though the defendants are bound to fulfill the terms of
memorandum of agreement the defendants refused to comply it
even after repeated requests.
11. Both the plaintiffs and defendants were present in person and
signed the agreement at the mediation center. After that Hon’ble
Principal Munsiff Court-II, recorded the settlement arrived at
between the parties and consequently the O.S.No.277/2015 was
dismissed as withdrawn in view of the terms of settlement. It is
humbly submitted that once a memorandum of agreement is signed
by the parties in mediation, to which the court has referred the
matter, then the parties cannot be permitted to resile form the terms
of the agreement.
12. A perusal of the memorandum of agreement dated
12.04.2018 executed between the plaintiffs and defendants vide the
proceedings of Mediation Centre, shows that both the parties are
required to register the deed of partition subject to the prior
fulfillment of terms numbering two to six of settlement agreement.
The third condition was already performed by the first plaintiff as
stated in paragraph 9 of this plaint, with the cooperation and
assistance of defendants herein.
13. The fourth condition which ought to be fulfilled by the
parties prior to the registration of partition deed as agreed,
provided for the consent granted by all parties, out of their free
will, to the 4th defendant Jameela to cut down the Jack fruit tree
situated in the share allotted to the first plaintiff as per settlement
agreement. It is most humbly submitted that first plaintiff is always
ready and willing to perform the said condition and further she had
informed her readiness to make necessary arrangements for
carrying out the same. But no positive response received in this
regard from the defendants till date.
14. By consenting to the fifth condition of settlement agreement
the parties are bound to mention in the proposed deed of partition
about the right of residence up to the remaining life, accrued on the
first plaintiff as a result of mutual agreement, over the house
situated in the share entitled to the second plaintiff. But as a result
of deliberate and willful non-compliance of conditions by the
defendants the said condition also remains not performed as on till
date.
15. The sixth condition set forth in the settlement agreement
casted an obligation on the parties to determine their share of
 profits to which they are entitled out of the profits kept and earned
by the second plaintiff from the plaint schedule property and the
parties were mutually agreed to hand over the profit share before
the registration of partition deed.
16. It is also most humbly submitted that plaintiffs are always
ready and willing to abide by the terms of agreement and already
performed some of the conditions. On the contrary the defendants
were failed to fulfill the terms of the settlement agreement. The
plaintiffs herein submits that the defendants committed a willful
default in complying the terms and conditions of the memorandum
of agreement executed.
17. That the plaintiffs have no other alternative and efficacious
remedy than to approach before this Hon’ble Court for the relief of
mandatory injunction directing the defendants to partition the suit
schedule property in terms of the memorandum of agreement
executed in mediation. Hence the present suit.
18. The cause of action for this suit arose on 12.04.2018, when
the plaintiffs and defendants executed memorandum of agreement
in O.S.No.277/2015 of Hon’ble Principal Munsiff Court-II, and on
18.06.2018 when O.S.No. 277/2015 was dismissed as withdrawn
in terms of the memorandum of agreement entered into and
executed between the plaintiffs and defendants therein and
thereafter when the defendant’s continued defiance to the request
of plaintiffs for the partition of plaint schedule property according
to the terms of memorandum of agreement and thereafter the cause
of action continues and within the jurisdiction of this Hon’ble
Court.