M.Govindasamy v. R.Murugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2025 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and C.M.P.No.3783 of 2024 M.Govindasamy ... Petitioner Vs.

R.Murugan ... Respondent Prayer : Civil Revision Petition filed under Section 115 of the Code of Civil Procedure against the order dated 12.12.2023 made in R.E.P.No.83 of 2010 in O.S.No.67 of 2006 on the file of the Principal Subordinate Court, Dharmapuri.

For Petitioner :

Mr.A.E.Ravichandran For Respondent :

Mr.T.Deeraj for M/s.PV Law Associates

O R D E R

Challenging order of arrest passed by the Principal Subordinate Court, Dharmapuri, dated 12.12.2023, in R.E.P.No.83 of 2010 in O.S.No.67 of 2006, the present revision has been filed.

2.When the matter came before this Court on 13.02.2025, this Court referred the matter for mediation. Now, it is reported by the learned counsel on either side that the parties have settled the matter before the Mediation Centre and a Mediation Report is now filed before this Court. 3.It is seen that the parties have entered into a Memorandum of Settlement dated 02.04.2025. The parties have signed the memorandum of settlement in the presence of their respective counsel. The terms of the compromise read as follows :

1. "The Petitioner/Judgment Debtor on this day pays sum of Rs.4,34,000/- to the respondent/decree holder as full and final settlement in execution of the decree dated 27.7.2010 in O.S.No.67 of 2006 on the file of the Principal Subordinate Court, Dharmapuri. The respondent/decree holder hereby receives and acknowledges the receipt of Rs.4,34,000/- as full and final settlement and agrees that he will not make any further claim from petitioner/judgment debtor.

2. The Respondent/Decree Holder hereby agrees that the attachment order passed by the trial court in I.A. No.133 of 2006 dated on 31.08.2006 (attachment before judgment) during the pendency of the O.S. No. 67 of 2006, registered as

document No.4/2006 on the file of SRO Joint II, Dharmapuri, in respect of petitioner/judgment property comprised on Survey No.179/7 measuring an extent of 0.36.0 hectare, situated in Nallanahalli Village, Dharmapuri Taluk, Dharmapuri District, stands raised by virtue of this settlement.

3. The Respondent/Decree Holder will not interfere with the possession and enjoyment of the property of the Petitioner/Decree Holder, mentioned in clause 2(supra) and he will not make any objection before the Revenue Authorities, for transfer of Patta or mutation of name of the petitioner or successors-in-interest and both the parties agree that there are no other claims against each other.

4. The Petitioner/Judgment Debtor shall file the certified copy of the judgment and order made in the above CRP No. 765 of 2024, recording the settlement, before the Sub-Registrar Joint II, Dharmapuri, who shall register the same by raising the said attachment made in Document No. 4 of 2006.

5. Both the parties agree that the above CRP No. 765 of 2024 shall be disposed of in terms of this Memorandum of Settlement and this Memorandum of Settlement shall form part and parcel of the Judgment and Order in the above CRP No.765 of 2024."

4.Learned counsel on either side would submit that the revision may

be disposed of in terms of the settlement entered into between the parties. 5.Accordingly, this Civil Revision Petition is disposed of in terms of the Memorandum of Settlement, dated 02.04.2025, entered into by the parties. The terms of the settlement, dated 02.04.2025, shall form part of the order. No costs. Consequently, connected miscellaneous petition is closed.

24.06.2025 mkn Internet : Yes Index : Yes / No Speaking order : Yes / No To 1.The Principal Subordinate Judge, Dharmapuri.

2.The Section Officer, VR Section, High Court, Madras.

N. SATHISH KUMAR, J.

mkn

24.06.2025