Mercy George v. Malik Mohamed Yousuf Abrar

THE HIGH COURT OF JUD ICATURE AT MADRAS DATED: 22.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR and C.M.P.Nos.10654 of 2021 & 14836 of 2023 1.Mercy George 2.Sharu Jose 3.Itty George 4.Thomas George ...Appellants Vs.

1.Malik Mohamed Yousuf Abrar 2.Shahnaz Kalim

...Respondents

Common Prayer: First Appeal filed under Section 96 of C.P.C., r/w. Order 41 Rule 1 of C.P.C. & Order IV, Rule 14 & 15 of the High Court Appellate Side Rules, 1956, against the judgment and decree dated 20.12.2019 passed in O.A.No.2747 of 2019 & counter claim in OS.No.2747 of 2019 by the VIAdditional City Civil Court, Chennai. For Appellants : Mr.Vijayan Subramanian in both appeals For Respondents : Mr.K.M.Aasim Shehzad in both appeals 1/4

C O M M O N J U D G M E N T (Judgment of the Court was made by R.SUBRAMANIAN, J.) The parties have entered into a compromise and a memorandum of compromise signed by the parties have also been produced. The 2nd appellant, who is residing in Bangalore had authorized her mother to sign the joint compromise memo. An E-mail addressed by her with a copy marked to 1st respondent has also been produced. The 1st appellant has signed on behalf of the 2nd appellant also.

2.As per the compromise, a sum of Rs.35,00,000/- (Rupees Thirty Five Lakhs only) which has been deposited by the appellants is to be paid over to the 2nd respondent, Mrs.Shanaz Kalim. The balance amount of Rs.36,00,000/- (Rupees Thirty Six Lakhs only) has been paid by the appellants by way of demand draft dated 20.12.2023 in favour of the 2nd respondent. The said demand draft has been handed over to the counsel for the respondents today. The 1st respondent has handed over the keys of the premises bearing New Door No.51, 1st Main road, Gandhi Nagar, Adyar, Chennai - 6 to the learned counsel appearing for the appellants today. The parties are also present and they affirm the factum of having entered into a compromise.

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3.The said compromise is recorded. These Civil Miscellaneous Appeals are disposed of interms of the compromise. There will be a direction to the Registrar (General) to issue a demand draft for a sum of Rs.35,00,000/- (Rupees Thirty Five Lakhs) in favour of the 2nd respondent, Mrs.Shanaz Kalim. There will be no order as to costs in these appeals. 4.The Trial Court will record full satisfaction of the decree in O.S.No.2747 of 2019 on production of this order. The Executing Court is directed to close the Execution Petition filed in E.P.No.2425 of 2020. (R.S.M., J.) (N.S., J.) 22.12.2023 kkn Internet:Yes/No Index:Yes/No Speaking/Non-speaking order Nuetral Citation :Yes/No 3/4

R.SUBRAMANIAN, J.

and N.SENTHILKUMAR, J.

KKN To:- The VI-Additional City Civil Court, Chennai.

and C.M.P.Nos.10654 of 2021 & 14836 of 2023 22.12.2023 4/4