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Madras High CourtCRP NPD/313/2006disposed of

Am Hanifa v. Syed Hafeez (Died)

2015-07-02Honourable Mr Justice B. Rajendran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.7.2015

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN C.R.P.No.313 of 2006 A.M.Hanifa .. Petitioner vs.

1. Syed Hafeez (died)

2. Badrunissa

3. A.Mohideen

4. Syed Riyaz (R4 brought on record as Lrs of deceased R1 vide order of Court dt.02.1.2002, made in C.M.P.No.923 of 2008) ... Respondents Civil Revision Petition filed against the fair and final order dated 7.7.2005 made in R.C.A.No.2/2004 ( on the file of the Appellate Authority - I Additional Subordinate Judge, Erode) reversing the fair and final order dated 11.3.2004 made in R.C.O.P. No.17 of 2002 ( on the file of the Rent Controller - Principal District Munsif, Erode).

For Petitioner :

Mr.V.S. Kesavan For Respondent : Mr.A.K.Kumarasamy

ORDER

This Civil Revision Petition has been filed against the fair and final order dated 7.7.2005 made in R.C.A.No.2/2004 ( on the file of the Appellate Authority - I Additional Subordinate Judge, Erode) reversing the fair and final order dated

11.3.2004 made in R.C.O.P. No.17 of 2002 ( on the file of the Rent Controller - Principal District Munsif, Erode).

2. This Civil Revision Petition was referred for mediation to Tamil Nadu Mediation and Conciliation Centre, High Court, Madras.

3. A communication dated 30.06.2015 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its report dated 22.06.2015 has been received, wherein it is stated as follows:- "Both the parties appeared before the Centre along with their counsel. Matter has been settled between them as per the terms cited in the Mediation Agreement enclosed. Hence the matter is sent back to the Hon'ble Court".

4. As the parties have arrived at a settlement in terms of the mediation agreement dated 22.06.2015, this petition is listed for passing of an order in terms of the agreement.

5. The Mediation agreement dated 22.06.2016, signed by the parties and their respective counsel reads as follows:- "1. 4th Respondent agreed to pay a sum of

Rs.9,000/- (Rupees nine thousand only) to the the petitioner as full quit in addition to agreeing the petitioner to withdraw the amount of Rs.15,500/- Deposited by the petitioner to the credit of RCOP.No.17/2002 on the file of the Rent Controller/Principal District Munisif, Erode, as per the direction of the Hon'ble High Court on 21.11.2006 made in CMP.No.2355/2006 in CRP.NPD No.313/2006.

2. The Petitioner shall take steps to withdraw the amount of Rs.15,500/- from the deposit of RCOP.No.17/2002.

3. 4th Respondent paid a sum of Rs.9,000/- (Rupees nine thousand only) today to the Petitioner and the Petitioner acknowledges the receipt of the same.

4. Parties have no more claims against each other on any of the issues involved in CRP.No.313/2006.

6. In terms of the settlement arrived at between the parties which is recorded under the agreement in terms of the report dated 22.06.2015 from the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this Civil Revision Petition is disposed of recording the terms of agreement. The B.RAJENDRAN,J.

ga

terms of agreement and the report of the Mediation Centre shall form part of the order.

02.7.2015 Index:Yes/no Internet:Yes/no ga To

1. The I Additional Subordinate Judge, Erode.

2. The Principal District Munsif, Erode).

C.R.P.No.313 of 2006