B.Inder Mohan v. Chitralekha
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2021
CORAM
The Hon'ble Mrs.Justice Pushpa Sathyanarayana and The Hon'ble Mr.Justice Krishnan Ramasamy C.R.P.(NPD)No.3624 of 2019 Mr.B.Inder Mohan ... Revision Petitioner/petitioner/defendant vs Mrs.Chitralekha ... Respondent/respondent/plaintiff Prayer :- This Civil Revision Petition is filed under Article 227 of the Constitution of India against the order dated 20.08.2019 passed by IV Additional Judge, City Civil Court, Chennai in I.A.No.8262 of 2018 in O.S.No.1060 of 2018. For Revision Petitioner : M/S.N.P.Vijay Kumar For Respondent : Mr.N.A.Nissar Ahmed
ORDER
(Delivered by PUSHPA SATHYANARAYANA, J.) A memo of compromise, dated 15.09.2021 has been filed in this Civil Revision Petition, whereby, the parties have entered into a compromise in the following terms :- Page No.1 of 7
"The parties herein state as under:
1. Inder Mohan is the petitioner in CRP No.3624 of 2019. Chitralekha is the respondent in the CRP. In the suit in O.S.No.1060 of 2018 pending on the file of IV Additional Judge, City Civil Court, Chitralekha is the plaintiff and Inder Mohan is the defendant. The suit has been filed for partition of the schedule property. Parties are referred as per their ranks in the suit.
2. Plaintiff Chitralekha is cousin sister and sister in law of Inder Mohan. She had originally filed a suit for partition in O.S.No.9482 of 2011 on the file of II Additional Judge City Civil Court at Chennai. On 01.04.2013. The said suit was dismissed for nonprosecution. On 02.07.2013 plaintiff Chitralekha filed application in I.A.No.11793 of 2014 in O.S.No.9482 of 2011 on the file of II Additional Judge, City Civil Court at Chennai for restoring the suit in O.S.NO.9482 of 2011. Once again, on 02.09.2014, the Learned II Additional Judge City Civil Court at Chennai dismissed the restoration application for non-prosecution. Chitralekha once again on 19.02.2018, filed a suit for partition in O.S.No.1060 of 2018 before IV Additional Judge, City Civil Court at Chennai. Inder Mohan filed an application under Order 7 Rule 11 CPC for rejection of plaint along with Written Statement. The same was Page No.2 of 7
dismissed on 20.08.2019. The present CRP No.3624 of 2019 has been filed seeking for rejection of suit filed by Chitralekha. Inder Mohan denies all the contents and allegations made in O.S.No.9482 of 2011 and O.S.No.1060 of 2018 filed before the City Civil Court at Chennai.
3. During the course of hearing of the CRP, parties have negotiated and have now agreed for a settlement. Though the defendant does not agree to any of the contents or the pleadings in O.S.No.9482 of 2011 and O.S.No.1060 of 2018, the defendant with a view to end the pending litigation is entering into this Memorandum of Settlement.
Settlement in Summary 4.With a view to put an end to the disputes between parties, defendant Inder Mohan has agreed upon terms of Settlement with the plaintiff Chitralekha. With this payment, the suit shall stand compromised and plaintiff Chitralekha and all her successors, in interest, shall have no claims to suit property which is more fully described in the schedule or against the defendant and his successors in interest.
5. Defendant Inder Mohan is making payment of a sum of Rs.17,50,000/- (Rupees Seventeen Lakhs Page No.3 of 7
Fifty Thousand Only) as full and final settlement to plaintiff, Chitralekha, which plaintiff Chitralekha admits and acknowledges. There shall be no claims by Chitralekha or successor in interest towards Inder Mohan or his family in future whatsoever. The Demand Draft details are as follows:
Demand Draft Rs.17,50,000/- Demand Draft in favour of Chitralekha Demand Draft Number 015426 Drawn on the Bank Bank of Baroda Branch Purasawalkam Chennai 600 007
6. The parties agree that the suit O.S.No.1060 of 2018 pending on the file of IV Additional Judge be dismissed in terms of the Memo of Compromise.
7. Plaintiff Chitralekha undertakes to execute, file and do all such acts, deeds, as may be necessary as and when sought by defendant Inder Mohan in confirming the fact that plaintiff Chitralekha has no claim to the Schedule Property including registration of such documents as may be sought by the intending Purchaser or by the defendant Inder Mohan.
Schedule of Property All that piece and parcel of land situate in the village of Page No.4 of 7
Purasawakkam, Kandappa Mudali High Road, (Tana Street) bearing Door No.15, and situate on the easter row thereof within the Registration District of ChennaiCentral and in the Sub Registration District of Purasawakkam bounded:
On the North by : S.No.1375 On the South by : S.No.1369 On the East by : S.No.1376 and 1373 and On the West by : S.No.1381 Within the above boundaries an extent of 1 ground 1964 sq.ft and comprised in Collector's Certificate No.275 and bearing Resurvey No.1374 and Old Survey No.1253.''
2. It is stated that O.S.No.1060 of 2018 ,which is pending on the file of IV Additional Judge, City Civil Court, Chennai, has been brought to this Court.
3. In order to give quietus to the pending matters, the Memo of Compromise, dated 15.09.2021 in the above CRP is recorded, as per which, the suit in O.S.1060 of 2018, which is on the file of IV Additional Judge, is Page No.5 of 7
liable to be dismissed. Hence, Registry is directed to send back the O.S. bundle to the IV Additional Judge, City Civil Court, Chennai to pass orders as per the Compromise Memo.
4. In the result, this Civil Revision Petition is disposed of in terms of the aforesaid Memo of Compromise. The memo of settlement will form part and parcel of the above compromise. No costs. [P.S.N., J.] [K.R., J.] 15.09.2021 Index : Yes/No jd/sd Speaking order/Non-speaking order To The IVth Additional Judge, City Civil Court, Chennai Page No.6 of 7
Pushpa Sathyanarayana,J., & Krishnan Ramasamy,J., jd/sd C.R.P.(NPD)No.3624 of 2019 15.09.2021 Page No.7 of 7