Elsamma Thomas v. Julie Pradeesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN and C.M.P.Nos.2556 and 2559 of 2022 C.R.P.No.489 of 2022 Elsamma Thomas . . . Petitioner

Versus

1.Julie Pradeesh 2.Pradeesh Lawrence . . . Respondents PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India to set aside the fair and decreetal order dated 14.12.2021 in I.A.No.1 of 2021 in O.S.No.46 of 2020 on the file of the District Judge, Udhagamandalam. For Petitioner :

Mr.Najeeb Usman Khan For Respondents :

Mr.T.Pramod Kumar Chopda for R1 Mr.S.Kingston Jerold for R2 Page No.1/5

C.R.P.No.490 of 2022 Elsamma Thomas . . . Petitioner

Versus

1.The Estate of Dr.P.C.Thomas Deceased Rep.by the Executors viz., 1.S.Ramasubramaniam (Ramjee) R.Sunder (since deceased) 2.Vijay Prabhu 3.Julie Pradeesh . . . Respondents PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India to set aside the fair and decreetal order dated 14.12.2021 in I.A.No.1 of 2021 in O.S.No.36 of 2020 on the file of the District Judge, Udhagamandalam. For Petitioner :

Mr.Najeeb Usman Khan For Respondents :

Mr.S.Kingston Jerold for R2 Mr.T.Pramod Kumar Chopda for R3 C O M M O N O R D E R These revision petitions are filed aggrieved by the orders passed in I.A.Nos.1 of 2021 in O.S.No.46 of 2020 and I.A.No.1 of 2021 in O.S.No.36 of 2020, respectively on the file of the District Judge, Udhagamandalam dated Page No.2/5

14.12.2021, seeking rejection of the plaints in O.S.Nos.46 of 2020 and 36 of 2020 which were filed under Order VII Rule 11 of Code of Civil Procedure.

2. Heard the learned counsel for the petitioner and the respondents and perused the records.

3. It is submitted by the learned counsel for the petitioner that during the pendency of these revision petitions, the parties before the trial Court have settled their disputes amicably outside the Court, and accordingly Memorandum of Compromises dated 27.3.2023, executed by the parties to the suit. The learned counsel for the petitioner has also endorsed on these revision petitions that he is withdrawing these revision petitions.

4. Considering the submissions made by the learned counsel for the petitioner and on perusal of Memorandum of Compromises dated 27.3.2023, the request of the petitioner to permit him to withdraw these revision petitions is allowed.

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5. In view of the above, these Civil Revision Petitions are dismissed as withdrawn. The Memorandum of Compromises dated 27.3.2023 be treated as part of the order. No costs. Consequently, connected miscellaneous petitions are closed.

25.04.2023 Note : Issue order copy on 26.4.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms To The District Judge, Udhagamandalam.

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DR.D.NAGARJUN , J., ms and C.M.P.Nos.2556 and 2559 of 2022 25.04.2023 Page No.5/5