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Madras High CourtCS/447/2012dismissed as settled out of court

Mrs.Unnamalai v. A.Nachiappan Annamalai

2016-01-28Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2016

CORAM

THE HONOURABLE MR. JUSTICE B. RAJENDRAN Civil Suit No. 447 of 2012

1. Mrs. Unnamalai

2. A.R. Muthiah .. Plaintiffs

Versus

1. A. Nachiappan Annamalai

2. Annamalai .. Defendants Plaint filed under Order VII Rule 1 of CPC read with Order IV Rule 1 of Original Side Rules praying for declaration and consequential reliefs as described in the Plaint.

For Plaintiffs :

Mr. M. Balasubramanian For Defendant :

Mrs. Al. Ganthimathi

JUDGMENT

This Civil Suit was referred to Tamil Nadu Mediation and Conciliation Centre, High Court, Madras to explore the possibility of a settlement of the dispute between the parties.

2.

A communication dated 27.01.2016 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its report dated 24.11.2015 has been received, wherein it is stated as follows:- "Both the parties and their counsels present. The parties have settled the matter amicably as per the terms cited in the Memorandum of Compromise which is enclosed herewith. Hence,

the matter is placed before the Hon'ble Court. 3.

As per the Mediation report dated 24.11.2015, the dispute has been amicably settled between the plaintiffs and the defendants and the terms of settlement has been duly recorded in the Mediation report dated 24.11.2015. As per the terms of settlement which was duly recorded in writing by way of a memorandum of compromise dated 23.11.2015, the first defendant has executed a release deed on 23.11.2015 in favour of the first plaintiff releasing his right, title and interest in the schedule mentioned property and thereafter, the first defendant has handed over vacant possession of the property covered under the release deed in favour of the first plaintiff.

4.

Today, when the Civil Suit is taken up for recording the settlement entered into between both sides, counsel for both sides, in appreciation of the mediation work carried out by the Mediation Centre have voluntarily consented to pay a sum of Rs.20,000/- each totalling a sum of Rs.40,000/- to the Tamil Nadu Mediation and Conciliation Centre attached to this Court. The said statement of the counsel for both sides is recorded. The plaintiffs and the defendants shall pay the said amount to the credit of Tamil Nadu Mediation and Conciliation Centre, High Court, Madras within a period of three weeks from the date of receipt of a copy of this order.

5.

Having regard to the fact that the plaintiffs as well as the defendants have entered into a memorandum of compromise, in terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement by the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras in its Report dated 24.11.2015, this Civil Suit is disposed of. The Memorandum of Compromise dated 23.11.2015 and the report of the Mediation Centre dated 24.11.2015 shall form part of this judgment.

sd/.B.R.J 28.01.2016 //Certified to be a true copy// Dated this the day of 2016.

R.s/08.12.2016 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.