Smt. Sankar Mohana Kumari v. Mr. S. Govind Rao

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Civil Revision Petition No.5878 of 2015 ORDER:

On a lunch motion moved today, when the matter is taken up, the learned counsel for the parties stated that both the parties had settled the matter and that the terms of settlement are reduced into writing in the form of a joint memo and that the joint memo signed by both the parties is also counter signed by the learned counsel and that in view of the contents of the joint memo and amicable settlement, the respondent had agreed to pay Rs.3,25,000/- towards full and final settlement of the suit claim and that the petitioner had accepted for the same; and that accordingly, the respondent had obtained a demand draft bearing no.852735 dated 16.06.2016 drawn in favour of the petitioner on Vijaya Bank, Service Branch, Hyderabad, and handed over the same to the petitioner in lieu of the said settlement. The petitioner has stated that she received the above-mentioned demand draft today from the respondent.

2. Both the parties are present in the court. They are duly identified by their respective counsel. They have filed copies of documents showing their identity and they have stated that the compromise as stated in the joint memo was entered into with free Will and volition. Reporting the said settlement, a request is made to dismiss the revision as withdrawn by giving liberty to the parties to approach the trial Court to have the suit disposed of in terms of the above settlement after making a request to refer the matter to Lok Adalat, so that the plaintiff will have the advantage of claiming refund of the court fee.

3. Recording the submissions, the Civil Revision Petition is dismissed as withdrawn directing both the parties to appear before the Court below and make a request to refer the matter to the Lok Adalat for disposal of the suit by the Lok Adalat in terms of the settlement or compromise mentioned in the above said joint memo.

There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this revision shall stand closed.

_____________________ M. SEETHARAMA MURTI, J 23rd June, 2016 Note:- The Registry is directed to send the joint memo signed by the parties and their respective counsel, which is filed before this Court, to the Court below to enable the parties to have the suit compromised before the Lok Adalat (B/o) RAR