Mrs.S.Hemalatha v. Mrs.Thillainayagi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2015

CORAM

THE HONOURABLE MR. JUSTICE B. RAJENDRAN Civil Suit No. 95 of 2012 S. Hemalatha .. Plaintiff

Versus

Thillainayagi .. Defendant Plaint filed under Order VII Rule 1 of Civil Procedure Code read with Order IV Rule 1 of Original Side Rules praying for the relief of partition and separate possession of the property described in the plaint schedule and for other reliefs. For Plaintiff :

Ms. Jayashree Balaji For Defendant :

Mr. T. Arulraj

JUDGMENT

The above Civil Suit was referred to Tamil Nadu Mediation and Conciliation Centre, High Court, Madras.

2.

A communication dated 30.04.2015 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its report dated 26.02.2015 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 Memorandum of Understanding enclosed. Hence, the matter is sent back to the Honourable Court." 3.

The Mediation Agreement dated 26.02.2015 recorded before the Tamil Nadu Mediation and Conciliation Centre would indicate that the plaintiff and the defendant have entered into a memorandum of compromise dated 26.02.2015

which contain several clauses together with a plan attached therein. 4.

Today, when the Civil Suit is taken up, counsel for both the parties, in appreciation of the mediation work carried out by the Mediation Centre have voluntarily consented to pay a sum of Rs.10,000/- each totalling a sum of Rs.20,000/- to the Tamil Nadu Mediation and Conciliation Centre attached to this Court. The said statement of the counsel for both sides is recorded. The plaintiff and the defendant shall pay sum 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.

In terms of the settlement arrived at between the parties, Registry is directed to refund the court fee to the plaintiff as contemplated under Section 69-A of the Tamil Nadu Court Fee and Suit Valuation Act. The plaintiff as well as the defendant shall, as agreed by them voluntarily, pay a sum of Rs.25,000/- each directly to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, as expeditiously as possible, preferably within a period of four weeks from a copy of this order.

6.

The Civil Suit is ordered on the above terms. No costs. Consequently, connected miscellaneous petition is closed. 04.06.2015 rsh

B. RAJENDRAN, J rsh CS No. 95 of 2012 04-06-2015