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Madras High CourtCRP/3200/2024disposed of

Dr.J.Murali Manohar v. Moovan Bai

2024-10-22Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2024

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA C.R.P. No.3200 of 2024 & C.M.P.No.17121 of 2024 1.Dr.J.Murali Manohar 2.J.Jayakumar ... Petitioners Vs.

Moovan Bai ... Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decretal order dated 14.12.2018 in I.A.No.5252 of 2018 in O.S.No.6397 of 2017 on the file of VII Assistant City Civil Court, Chennai.

For petitioners : Mr.T.T.Ravichandran For Respondents : Mr.T.Srikanth

ORDER

The present civil revision petition has been filed under Article 227 1/5

of the Constitution of India against the fair and decretal order dated 14.12.2018 in I.A.No.5252 of 2018 in O.S.No.6397 of 2017 on the file of VII Assistant City Civil Court, Chennai, dismissing the application seeking leave to defend the suit.

2. Today, when the matter is taken up for hearing, the learned counsel for the petitioner would submit that the matter has been compromised between the parties and has also filed a joint memo of compromise entered into between the parties.

3. The joint memo of compromise reads thus:

1.It is submitted that the respondent obtained a judgment and decree in O.S.No.6397 of 2017 dated 14.12.2018 on the file of VII Assistant City Civil Court, Chennai (FAC) the above revision has been filed challenging the order passed in I.A.No.5252 of 2018 in O.S.No.6397 of 2017 dated 14.12.2018.

2.The parties are desires of compromising the matter and it is argued that the petitioners will pay a sum of Rs.1,60,000/- towards discharge of the decretal debt on 2/5

the petitioners, who are paying the same through a Demand Draft dated 01.10.2024 for a sum of Rs.1,60,000/- drawn on Axis Bank, Ormes Road, Junction Branch, Chennai-600 010. The respondent hereby acknowledges the receipt of same, after which the decretal debt will stand discharged. The respondent further agrees that she will not press I.P.No.26 of 2024 filed by her before this Hon'ble Court when the matter is posted during the next hearing and that she will have no claims against the petitioners."

4. The petitioners had paid a sum of Rs.1,60,000/- (Rupees one lakh and sixty thousand only) towards due to the respondent based on a promissory note dated 27.05.2013 through a Demand Draft dated 01.10.2024 drawn on Axis Bank, Ormes Road, Junction Branch, Chennai-600 010 and the respondent had also acknowledged the receipt of the same. As per joint memo of compromise, the respondent is directed to not press I.P.No.26 of 2024 filed by her before this Court and that she will have no claims against the petitioners. Recording the said Joint Memo of compromise, the civil revision petition stands 3/5

disposed of. The Joint Memo of Compromise dated 22.10.2024 filed by both parties shall form part of the decree. No costs. Consequently, the connected miscellaneous petition stands closed. 22.10.2024 Index: Yes/No raa To

1. VII Assistant City Civil Court, Chennai.

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A.D.JAGADISH CHANDIRA, J.

raa C.R.P. No.3200 of 2024 22.10.2024 5/5