Madras High CourtCRP/4569/2014dismissed as settled out of court

P.Dhanraj v. S.Muthalibu

2016-01-27Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY C.R.P.(NPD).No.4569 of 2014 and M.P.No.1 of 2015 P.Dhanraj ... Petitioner Vs.

1.S.Muthalibu 2.D.Saradambal 3.P.Gajalakshmi 4.P.Murali Raj ... Respondents Civil Revision Petition filed under Section 115 of the Civil Procedure Code against the decreetal order and order dated 16.08.2013 passed in E.P.No.1438 of 2012 in O.S.No.3403 of 1995 on the file of the X Assistant Judge, City Civil Court, Chennai.

For Petitioner : Mr.V.K.Sathiamurthy For Respondents : Mr.S.V.Jayaraman, Senior Counsel Mr.T.Dhanasekaran (R1) R2 to R4 not ready in notice

O R D E R

Challenging the order passed in E.P.No.1438 of 2012 in O.S.No.3403 of 1995 on the file of the X Assistant Judge, City Civil Court, Chennai, the Judgment Debtor has filed the above Civil Revision Petition. 2.When the Civil Revision Petition is taken up for hearing today, the learned counsel on either side submitted that the parties had entered into a compromise whereby the petitioner/Judgment Debtor agreed to give the Shop No.2 of the Ground Floor of the building measuring an extent of 238 sq.ft on rent at the rate of Rs.10/- per sq.ft. Further, it was agreed between the parties that the petitioner is entitled to withdraw the amount of Rs.50,000/- deposited by the respondent before the trial Court. 3.Mr.S.V.Jayaraman, learned senior counsel appearing for the 1st respondent also submitted that the 1st respondent had agreed for the compromise.

4.The learned counsel on either side also filed a joint memo before this Court dated 27.01.2016.

5.The joint memo of compromise filed by the parties shall form part of the record.

6.The Civil Revision Petition is dismissed as settled out of Court. It is needless to say that the 1st respondent shall withdraw the Execution Petition in E.P.No.1438 of 2012 pending on the file of the X Assistant Judge, City Civil Court, Chennai. No costs. Consequently, the connected miscellaneous petition is closed.

Index : No 27.01.2016 Internet : Yes va Note: Issue order copy on 29.01.2016.

To 1.The X Assistant Judge, City Civil Court, Chennai.

M.DURAISWAMY,J.

va C.R.P.(NPD).No.4569 of 2014 and M.P.No.1 of 2015 27.01.2016