Madras High CourtCRP/250/2017withdrawn dismissed

Manickam v. Annapoorani

2021-07-13Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2021

CORAM

THE HON'BLE Ms. JUSTICE R.N.MANJULA and C.M.P.No.1061 of 2017 Allimuthu (Deceased), 1.Mr.Manickam 2.Mr.Saravanan 3.Mrs. Thangam 4.Arul Kumar 5.Mrs. Kalaiselvi ...

Petitioners (cause title accepted vide order of this Court dated 02.07.2015 made in MP.No.1/2015 in CRP.SR.No.41124/2014) Vs.

1.Mrs. Annapoorani 2.Mrs. Sangeetha 3.Mr.Ganesan ...

Respondents PRAYER : The Civil Revision Petition filed under Section 115 of the Civil Procedure Code, against the judgement and Decree dated 30.08.2013 made in C.M.A.No.43 of 2012 on the file of the Additional District and Sessions Judge, Salem.

For Petitioners : M/S.T.S.Vijayaragahvan For Respondents : No Appearance 1/4

ORDER

(Heard through video conferencing) This Civil Revision Petition has been filed challenging the judgement and Decree dated 30.08.2013 made in C.M.A.No.43 of 2012 on the file of the Additional District and Sessions Judge, Salem.

2. The learned counsel for the petitioners submitted that when the matter was referred to mediation, the parties were not able to arrive at an amicable settlement. However, outside the court, the parties have worked out a settlement between themselves. And in pursuance of the same, the respondents 1 and 2 have executed a Registered Deed of Release dated 14.03.2017 by releasing their rights over the suit properties for a valuable consideration. The copy of the Release Deed has also been produced herewith along with a Memo stating the above facts and for granting permission to withdraw the Civil Revision Petition.

3. However the learned counsel for the respondent is not available to offer his comment about the settlement and the release deed. But it appears from the recitals of the copy of the release Deed that the respondents have agreed not to withdraw the suit in O.S.No.116/2010 and the petition in I.A.No.549/2016, pending before the Sub Court, Mettur.

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4. The submission so made by the learned counsel for the petitioners is recorded and this Civil Revision Petition allowed to be withdrawn. In the result, the Civil Revision Petition is dismissed as withdrawn. No costs. Consequently, connected civil miscellaneous petition in C.M.P.No.1061 of 2017, is closed.

13.07.2021 Speaking/Non-speaking Index : Yes/No Internet : Yes/No jrs To 1.The Additional District and Sessions Judge, Salem.

2.The Section Officer, V.R.Section, High Court, Madras.

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R.N.MANJULA,J.

jrs 13.7.2021 4/4