N.Shivaraj v. V.Maheshwari

THE HIGH COURT OF JUDICATURE AT MADRAS Date : 17.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR CRP NPD Nos.4094 & 4311 of 2023 & CMP.No.26266 of 2023 N.Shivaraj ... Petitioner in both CRPs

Versus

V.Maheswari ... Respondent in both CRPs PRAYER in CRP.No.4094 of 2023 : Petition filed under Article 227 of the Constitution of India to set aside the docket Order in I.A.Sr.No.624 of 2023 dated 20.02.2023 in H.M.O.P.No.97 of 2020 on the file of the Subordinate Court Hosur as illegal and untenable and further issue a direction to the Subordinate Court, Hosur to number the restore application to be heard on merits.

PRAYER in CRP.No.4311 of 2023 : Petition filed under Article 227 of the Constitution of India to set aside the fair Order and decreetal Order dated 01.06.2022 in I.A.No.1 of 2021 in H.M.O.P.No.97 of 2020 on the file of the Principal Subordinate Court, Hosur.

For petitioner : Mr.C.Sai Krishna Page 1 / 5

for Mr.S.Eshwar [in both CRPs] For respondent : Mr.J.Jyothi [in both CRPs] COMMON O R D E R The Civil Revision Petition in CRP.No.4094 of 2023 has been filed challenging the docket Order passed in I.A.SR.No.624 of 2023 dated 20.02.2023 in HMOP.No.97 of 2020 on the file of the Subordinate Court, Hosur.

2. The Civil Revision Petition in CRP.No.4311 of 2023 has been filed challenging the fair and decreetal Order dated 01.06.2022 in I.A.No.1 of 2021 in HMOP.No.97 of 2020 on the file of the Principal Subordinate Court, Hosur.

3. When these revision petitions are taken up today, the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent filed a joint memo of comprise entered between the petitioner and the respondent. The petitioner and the respondent are also present before this Court today. In the compromise memo entered between them it is stated that Page 2 / 5

they are willing to dissolve the marriage between them. It is also made clear in the compromise memo that they declare and undertake that they will not initiate any other proceedings in respect of this matrimonial dispute or their respective properties under any law in this country or in any foreign country and they undertake that they shall not make any claim against the each other, either at present or in the future and they will not interfere with each other's personal life in any manner. It is also agreed in the compromise memo that permanent custody of the child shall be with the respondent and the petitioner gives consent for the same.

4. Further, this Court, by exercising its power under Article 227 of Constitution of India, restore the Original Petition in O.P.No.97 of 2020, which was dismissed for default, for the purpose of the parties to appear before the Principal Subordinate Court, Hosur and file similar Joint Compromise memo recorded before this Court, so that a decree of compromise will be recorded in the Original Petition.

5. Recording the above Joint Compromise Memo entered between the parties, these Civil Revisions are disposed of in terms of the above Joint Page 3 / 5

Compromise Memo dated 17.07.2025. No costs. Consequently, connected miscellaneous petition is closed. The Joint Compromise Memo entered between the parties dated 17.07.2025 shall form part of the Order. 17.07.2025 Index : Yes / No Internet: Yes Speaking/non speaking order vrc To, The Principal Subordinate Judge, Hosur.

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N. SATHISH KUMAR, J.

vrc CRP NPD Nos.4094 & 4311 of 2023 17.07.2025 Page 5 / 5