M.Uma Maheswari, v. K.Ashokan,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2019 CORAM :
THE HONOURABLE MR.JUSTICE S.S.SUNDAR C.R.P.(NPD)(MD)Nos.559 and 560 of 2011 and M.P.(MD)No.1 of 2011 M.Uma Maheshwari :Petitioner in both cases Vs.
K.Ashokan :Respondent in both cases COMMON PRAYER: Civil Revision Petitions filed under Section 115 of Code of Civil Procedure, to to set aside the order passed in I.A.Nos.75 and 76 of 2010 in H.M.O.P.No.34 of 2007 on the file of the Subordinate Court, Sivakasi, dated 10.12.2010. For Petitioner :Mr.N.Dilip Kumar For Respondent :Mr.J.Ramamoorthy (In both cases) *** COMMON ORDER These Civil Revision Petitions are directed against the order passed in I.A.Nos.75 and 76 of 2010 in H.M.O.P.No.34 of 2007, which were filed to condone the delay of 886 days in filing a petition to set aside the ex parte order and to set aside the ex parte order.
2.During the pendency of these petitions, this Court referred the matter to Mediation attached to this Bench. It is stated that as per settlement reached between the parties, the revision petitioner had received 19 sovereigns of Gold and a sum of Rs.7,00,000/- in full quit by way of Demand Draft and in this regard, they have also filed a joint memo, dated 15.07.2019, signed by them along with their respective counsel. 3.The said joint memo filed before this Court is based on the Mediation Agreement / Settlement Agreement, dated 09.07.2019 signed by the parties and their respective Counsel before the Mediator. The Mediation Agreement / Settlement Agreement contains the following terms:
"6.The following settlement has been arrived at between the parties hereto:
i)The petitioner/Wife, namely, M.Uma Maheswari has already received jewels, totally 19 sovereigns from the https://hcservices.ecourts.gov.in/hcservices/
Respondent/Husband, namely, K.Ashokan, herein. ii) The petitioner has not interested any maintenance from the Respondent in future any way.
iii) The Respondent has agreed to the child A.INDUJA custody of the petitioner.
iv) The Respondent has agreed to pay Rs.7,00,000/- (Rupees Seven Lakhs only) to the petitioner towards care of Child A.INDUJA as one time settlement by way of Demand Draft bearing No.092715, drawn from Tamil Nadu Mercantile Bank, Sivakasi Branch, Virudhunagar District. v) The petitioner has agreed to withdraw the C.R.P. (MD)Nos.559 and 560 of 2011 pending before this Hon'ble Court.
7.By signing this Agreement, all the parties hereto stated that they have no further claims or demands against each other with respect to C.R.P.(MD)Nos.559 and 560 of 2011 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation / Mediation." 4.In view of joint memo filed by the parties before this Courts, these Civil Revision Petitions are disposed of in terms of the joint memo. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (A.S) // True Copy // Sub Assistant Registrar(CS ) To The Subordinate Judge, Sivakasi.
+1CC to Mr.N.Dilip Kumar, Advocate, SR.No.75583. +1CC to Mr.J.Ramamoorthy, Advocate, SR.No.75292. C.R.P.(NPD)(MD)Nos.559 and 560 of 2011 15.07.2019 CS(24.07.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/