Madras High CourtCRP/3991/2019disposed of

Mr. Alwin v. Mrs.Sheela

2021-09-21Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2021 CORAM :

THE HONOURABLE MR. JUSTICE G. CHANDRASEKHARAN C.R.P. (PD) No.3991 of 2019 and C.M.P.No.26267 of 2019 Alwin ... Revision Petitioner Vs.

Sheela ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 24.09.2019 passed in I.A.No.1 of 2019 in O.S.No.3272 of 2016 on the file of the XV Additional City Civil Court at Chennai.

For Petitioner : Mr.P.Sivamani For Respondent : Mr.K.Shakespeare

O R D E R

This Civil Revision Petition is filed challenging the order passed in I.A.No.1 of 2019 in O.S.No.3272 of 2016, passed by the learned XV Additional Judge, XV Additional City Civil Court, Chennai, on 24.09.2019.

2.I.A.No.1 of 2019 was filed to set aside the ex parte order passed against the petitioner in the suit. During the pendency of the Civil Revision Petition, a Joint Memo of Compromise entered into between the parties, is filed. It is seen from the Joint Memo of Compromise that the parties had settled the dispute between them and prayed that a compromise decree be passed in terms of the Joint Memo of Compromise. The learned counsel for both the parties also pray for setting aside the order passed in I.A.No.1 of 2019 and for referring the matter to the trial Court for recording the terms of compromise.

3.In view of the submissions made, the order passed in I.A.No.1 of 2019 in O.S.No.3272 of 2016, is set aside and the ex parte order passed against the petitioner is set aside and the parties are referred to the XV Additional City Civil Court, Chennai, for recording the terms of compromise entered into between them in pursuance to the Joint Memo of Compromise. The parties are at liberty to produce the original Joint Memo of Compromise before the XV Additional City Civil Court, for passing appropriate orders in terms of the Joint Memo of Compromise.

4.Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 21.09.2021 jeni/mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order To The XV Additional Judge, XV Additional City Civil Court, Chennai.

G. CHANDRASEKHARAN, J.

jeni/mkn C.R.P. (PD) No.3991 of 2019 21.09.2021