E. Margarat Mary v. Ravindran(Died)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2024 CORAM :
THE HONOURABLE MR.JUSTICE P.VELMURUGAN and THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.S.(MD).Nos.167 & 277 of 2023 and C.R.P.(MD).No.2646 of 2023 A.S.(MD).No167 of 2023 E.Margarat Mary ... Appellant vs.
1.Ravindran (died) 2.R.Abraham 3.The Dena Bank Rep.by its, Branch Manager, Thanjavur, Gandhiji Road, Thanjavur Town Munsif.
4.S.Srinivasan 5.M/s.Sundaram BNP Paripas, Home Finance Limited, Erode, No.21, Pattulos Road, Chennai, Branch Office, No.116, Rajeswari Complex, Thiru Vee Kaa Road, Near Sakthi Vinayagar Kovil, Munisipal Colony, Erode, Town and Munsif.
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6.The District Registrar, Thanjavur, Thanjavur District.
7.The Sub Registrar No.I, Sub Registrar Office, Sivagangai Garden, Thanjavur Town & Munsif.
8.The State of Tamil Nadu, Rep by its, District Collector, Thanjavur, Thanjavur District.
9.Rajeswari 10.Jayavarthini 11.Padma Priya 12.Arul Venkatesh ... Respondents (Respondent Nos.9 to 12 are brought on record as Lrs of the deceased 1st respondent vide Court order dated 11.07.2024 made in C.M.P.(MD).Nos. 4686 & 4687 of 2024 in A.S.(MD).No.167 of 2023. PRAYER: Appeal Suit filed under Section 96 and Order 41 Rule 1 of C.P.C. to allow the first Appeal Suit by setting aside the judgment and decree of the Trial Court in O.S.No.64 of 2013 dated 05.04.2023, on the file of the II Additional District and Sessions Court, Thanjavur. Page No.2 of 11
For Appellant : Mr.F.X.Eugene For Respondents : Mr.AL.Vijay Devaraj for R2 : Mr.Mu.Prakash for R3 : No appearance for R4 : Mr.ME.Ilango for R5 : Mr.Subburaj Special Government Pleader for R6 to R8 : Mr.R.L.Dhilipan Pandian for R9 to R12 : R1 Died A.S.(MD).No.277 of 2023 R.Abraham ... Appellant vs.
1.Ravindran (died) 2.The Dena Bank Rep.by its, Branch Manager, Thanjavur, Gandhiji Road, Thanjavur Town Munsif.
3.S.Srinivasan 4.E.Margarat Mary 5.M/s.Sundaram BNP Paripas, Home Finance Limited, Erode, No.21, Pattulos Road, Chennai, Branch Office, No.116, Rajeswari Complex, Thiru Vee Kaa Road, Near Sakthi Vinayagar Kovil, Munisipal Colony, Erode, Town and Munsif.
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6.The District Registrar, Thanjavur, Thanjavur District.
7.The Sub Registrar No.I, Sub Registrar Office, Sivagangai Garden, Thanjavur Town & Munsif.
8.The State of Tamil Nadu, Rep by its, District Collector, Thanjavur, Thanjavur District.
9.Rajeswari 10.Jayavarthini 11.Padma Priya 12.Arul Venkatesh ... Respondents (Respondent Nos.9 to 12 are brought on record as Lrs of the deceased 1st respondent vide Court order dated 24.07.2024 made in C.M.P.(MD).Nos. 5036 & 5037 of 2024 in A.S.(MD).No.277 of 2023. PRAYER: Appeal Suit filed under Section 96 and Order 41 Rule 1 of C.P.C. to allow the first Appeal Suit by setting aside the judgment and decree of the Trial Court in O.S.No.64 of 2013 dated 05.04.2023, on the file of the II Additional District and Sessions Court, Thanjavur. Page No.4 of 11
For Appellant : Mr.A.L.Vijeydevaraj For Respondents : Mr.Mu.Prakash for R2 : No appearance for R3 : Mr.F.X.Eugene for R4 : Mr.ME.Ilango for R5 : Mr.P.Subburaj Special Government Pleader for R6 to R8 : Mr.R.L.Dhilipan Pandian for R9 to R12 : R1 Died C.R.P.(MD).No.2646 of 2023 R.Abraham ... Petitioner vs.
1.Ravindran (died) 2.Rajeswari 3.Jayavarthini 4.Padma Priya 5.Arul Venkatesh ... Respondents (Respondent Nos.2 to 4 are brought on record as Lrs of the deceased sole respondent vide Court order dated 24.07.2024 made in C.M.P. (MD).Nos.6602 & 6605 of 2024 in C.R.P.(MD).No.2646 of 2023) PRAYER: Civil Revision Petition has been filed under Article 227 of the Constitution of India to set aside the fair and decreetal order passed in E.I.O.P.No.103 of 2013 dated 05.04.2023 on the file of the II Additional District Judge, Thanjavur and allow this Civil Revision Page No.5 of 11
Petition.
For Appellant : Mr.A.L.Vijeydevaraj For Respondents : Mr.R.L.Dhilipan Pandian for R2 to R5 C O M M O N J U D G M E N T (Order of the Court was made by P.VELMURUGAN, J.) Pursuant to the order of this Court dated 24.07.2024, these matters were referred to mediation.
2.On 12.09.2024, when these matters were taken up for hearing, the learned counsel appearing on either side submitted that the parties had amicably settled the dispute before the mediation, and the terms and conditions and the settlement agreement were reduced in writing, which read as follows:
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3.In view of the aforesaid compromise entered into between them, the suit is decreed in terms of the settlement agreement. The Page No.9 of 11
settlement agreement forms part of the decree. The parties are entitled to get a refund of the Court fee as per rules. Accordingly, A.S.Nos.167 and 277 of 2023 stand closed.
5.Consequent to the terms of settlement made in the appeal suits, in which, one of the conditions in the civil revision petition has been settled, C.R.P.(MD).No.2646 of 2023 also stands closed. No costs.
(P.V.J.,) (M.S.Q.J.,) 12.09.2024 NCC : Yes / No Index : Yes / No : Yes / No sbn To 1.The Family Court, Dindigul.
2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
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P.VELMURUGAN , J.
and MOHAMMED SHAFFIQ, J.
sbn A.S.(MD).Nos.167 & 277 of 2023 and C.R.P.(MD).No.2646 of 2023 DATED : 12.09.2024 Page No.11 of 11