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Madras High CourtCRP(MD)/1354/2019disposed of

Chellappappa v. Jeyakumar

2019-10-04Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Chellappappa

...Petitioner / Petitioner /

Petitioner Vs.

1.Jeyakumar 2.RenugaDevi 3.M/s.EVP and Leeladevi, Agro Tech PVT Ltd., Represented to its Director Tmt.Leeladevi 4.Purushothamdas Gupta 5.Guruvareddiar @ Raju Reddiar Ramasamy (died) 6.Udhaya Suriyan 7.Jeyachandran 8.Jeyaprakash 9.Singarammal 10.Padmavathy 11.Bhuvaneshwari 12.Gopinath ... Respondents / Respondents/ Respondents PRAYER: Civil Revision Petition is filed, under Article 227 of the Constitution of India, against the order dated 12.04.2019 made in E.P.No.24 of 2019 in O.S.No.58 of 2010 on the file of the Subordinate Court, Aruppukkottai.

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For Petitioner : Mr.G.Aravinthan For R1 and R2 : Mr.K.Sivabalan

O R D E R

This Civil Revision Petition has been filed against the order, dated 12.04.2019 made in E.P.No.24 of 2019 in O.S.No.58 of 2010 on the file of the Subordinate Court, Aruppukkottai. 2.When the matter came up for hearing today, the learned counsel for the petitioner and the respondents 1 and 2 submitted that the matter has been amicably settled between the parties before the mediation. Both the parties have also filed a memo of compromise, dated 18.09.2019, which was signed by the petitioner as well the respondents 1 and 2 and also by their respective counsel. The terms of the compromise memo entered into between the parties, dated 18.09.2019 is incorporated hereunder :

"a)The petitioner is giving up the above civil revision petition as against the respondents 3 to 12 and they are only formal parties in the above original suit as well as above civil revision petition. The only contesting parties in the above civil revision petition are the respondents 1 and 2.

b) Now the respondents 1 and 2 are ready and willing to abide by the decree and judgment dated 04.10.2017 passed in O.S.No.58 of 2010 by the Subordinate Judge, Arupukottai and agreed not to file any application to restore the appeal suit in A.S.No.70 of 2017 on the file of the Additional District Judge, Virudhunagar. c)The respondents 1 and 2 have handed over possession of the properties which forms part of the above civil revision petition to the petitioner and admits the title of the petitioner in respect of the properties involved in the above civil revision petition and also as well as forms part of the decree and judgment dated 04.10.2017 passed in O.S.No.58 of 2010 by the Subordinate Judge, Arupukottai.

d)The respondents 1 and 2, while admitting the title and possession of the entire suit schedule properties with the petitioner, also will not disturb with the possession and also will never claim title of the petitioner or her successors in future also.

e)Since the respondents 1 and 2 admits the title of the petitioner, the petitioner agrees to withdraw the criminal Complaint in Crime No.37 of 2011 lodged by her before the Deputy Superintendent of Police, Anti-Land Grabbing Special Cell, District Crime Branch, Virudhunagar District.

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f)The petitioner also does not have any objection to close the investigation in respect of the above complaint.

g)In so far as it related tot he construction of common wall in the first schedule of the property, the petitioner agrees to construct the same. The respondents 1 and 2 have no objection for the construction of the said common wall."

3.This court has accepted the compromise memo, dated 18.09.2019, filed by both the parties and duly signed by their respective counsel and the same is recorded.

4.In view of the compromise memo dated 18.09.2019 signed by both the parties and their respective counsel, which forms part and parcel of this Order, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar(CS) rj2 ENCL.: XEROX COPY OF MEDIATION REPORT AND SETTLEMENT AGREEMENT To 1.The Subordinate Judge, Aruppukkottai.

+1CC TO MR.G.ARAVINTHAN, Advocate Sr. No.91518 +1CC TO MR.K.SIVABALAN, Advocate Sr. No. 91517 Order made in 04.10.2019 MR(CO) TR(18.11.2019)3P 4C 3/6