Mr.S.Karuppiah v. Mr.S.K.Raja

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2015

CORAM

THE HON'BLE Mr. JUSTICE K.RAVICHANDRABAABU C.S. No. 598 of 2015 and O.A. No. 758 of 2015

1. Mr. S.Karuppiah

2. Mrs. S.K.Kalaiselvi Both are residing at Flat No. 1C, 1st Floor, Gee Gee Minar, No. 23, College Road, Nungambakkam, Chennai - 600006.

...Plaintiffs Vs.

Mr. S.K.Raja ...Defendant Plaint presented under Order IV Rule 1 of the Madras High Court Original Side Rules R/W 07 R1 of the CPC. For Plaintiffs : Mr.Prem Ananth For Defendant : Mr.R.Srivinivas

J U D G M E N T

The suit is filed seeking for the following reliefs; ''1. Declaring that the settlement deed dated 22.02.2013 executed by the plaintiffs 1 and 2 in favour of the defendant and registered as Document No. 210/2013 in the office of the Joint Sub-Registrar-2, Central Chennai regarding the suit property morefully described in the schedule below is illegal and void.

2. Consequentially pass a decree of permanent injunction restraining the defendant his men, agents, servants and anyone claiming under or through them from in any manner interfering with the peaceful possession of the plaintiffs over the suit property morefully described in the schedule below.

3. Award the costs of this suit to the plaintiffs.''

2. Today a joint compromise memo dated 30.09.2015 is filed before the Court by both parties. The said compromise memo is signed by both the parties as well as their respective counsels. In the said compromise memo, it is stated that the parties have negotiated and discussed their problems and settled their differences with the help of relatives and well wishers. It is further stated that in view of the compromise arrived at between the parties, the defendant agrees that the suit may be decreed as prayed for. The relevant clause Nos. 3 and 4 of the compromise memo reads as follows; ''3. The parties have negotiated and discussed their problems and settled their differences with the help of relatives and well wishers.

4. Therefore the parties have reached the following compromise.

1. the defendant agrees that the suit may be decreed as prayed for.

2. the parties herein shall bear their own costs.''

4. The learned counsels appearing on the either side submit that the suit may be decreed as prayed for in terms of the compromise memo dated 30.09.2015, entered into between the parties as stated before this Court. The defendant as well as the 1st plaintiff are personally present before this Court.

5. Considering the above stated facts and circumstances, and in view of the joint compromise memo filed by both the parties, the suit is decreed as prayed for, However, there will be no order as to costs. Consequently, Original Application No.758 of 2015 is closed sd/.K.R.C.B.J 06.10.2015 //Certified to be a true copy// Dated this the day of 2015.

R.s/21.12.2015 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.