Madras High CourtCRP(MD)/1602/2024disposed of

Ragupathi v. Banumathi (Died) Sindhamani (Died) 1. Natarajan

2024-10-29Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and C.M.P.(MD)No.9449 of 2024 Ragupathi ... Petitioner Vs.

Banumathi (Died) Sindhamani (Died) 1.Natarajan 2.Natarajan 3.Govindarajan Rajam (Died) 4.Chandra 5.Balasubramanian 6.Gandhimathi Kunjammal (Died) Sundarambal (Died) 7.S.Rajendran 1/6

A.Mahalingam (Died) 8.A.Subramanian 9.A.Chockalingam 10.Indirani 11.Gnanasekaran 12.Panchabigesan Balu @ Balakrishnan (Died) 13.T.Radhakrishnan 14.R.Jayaprakash 15.R.Jayaprabha 16.R.Jayachitra 17.Kadalkanni 18.Thiyagarajan 19.Swaminathan 20.Anjali ... Respondents (The respondents 2 to 20 set exparte in I.A.No.29 of 2022. Hence, notice may be dispensed with.) PRAYER : Civil Revision Petition is filed under Section 115 of C.P.C., against the order, dated 27.09.2023, passed in I.A.No.29 of 2022 in O.S.No.290 of 1996 on the file of the District Munsif cum Judicial Magistrate, Papanasam, Thanjavur District.

For Petitioner : Mr.T.K.Gopalan For R1 : Mr.V.Chandrasekar R2 to R20 : Exparte 2/6

ORDER

The present civil revision petition is filed by the 5th defendant in the suit against the order, dated 27.09.2023, passed in I.A.No.29 of 2022 in O.S.No.290 of 1996 on the file of the District Munsif cum Judicial Magistrate, Papanasam, Thanjavur District.

2. When the case was taken up on 29.10.2024, the parties reported that the matter is settled out of Court. The 5th defendant in the suit / revision petitioner had filed a memo along with the undertaking wherein the revision petitioner has accepted to pay Rs.2,00,000/-. The 3rd plaintiff in the suit had accepted to receive the said Rs.2,00,000/- and give up the rights in the property which he is claiming through the suit. Based on the said undertaking, the revision petitioner has filed a memo before this Court and the same is extracted hereunder: "It is submitted that the 3rd Respondent/Plaintiff has settled the matter out of court. As the allotted portion of the Advocate/Commissioner is a very tiny area of 11⁄2 cents it will not be useful to the 3rd Respondent/Plaintiff and at the same time it would cause inconvenience to the present Revision Petitioner/ 5th Defendant.

3/6

It is further submitted that the 3rd Respondent/Plaintiff received Rs. 2,00,000/- (Two Lakhs) from the Revision Petitioner/ 5th Defendant/Ragupathy for 11⁄2 cents (1/28th share allotted to 3rd Respondent) and hence this petition may be allowed on the basis of this Memo by this Hon'ble Court."

3. Based on the terms of the memo, the impugned order is set aside and the civil revision petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

29.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To

1. District Munsif cum Judicial Magistrate, Papanasam, Thanjavur District.

2.The Section Officer, Vernacular Records Section, 4/6

Madurai Bench of Madras High Court, Madurai.

5/6

S.SRIMATHY, J.

Tmg 29.10.2024 6/6