Madras High CourtCRP(MD)/2134/2019allowed

Sundar Raj v. Banu

2024-03-05Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Sundar Raj ... Petitioner Vs.

1. Babu

2. Liza

3. Dasayyan

4. Rose

5. Sulochana

6. Anitha

7. Vijila

8. Selvaraj

9. Wilson ... Respondents Prayer : This Civil Revision Petition filed under Section 115 of the Civil Procedure Code, to set aside the fair and decretal order dated 07.08.2019 passed in I.A.No.294 of 2015 in A.S.SR.No.36 of 2015 on the file of the 1/4

Subordinate Judge, Kuzhithurai and allow the present Civil Revision Petition.

For Petitioner : M/s.J.Anandhavalli For R1 : Mr.C.Godwin For R2 to R9 : No appearance

ORDER

The Civil Revision Petition is directed against the order passed in I.A.No.294 of 2015 in A.S.SR.No.36 of 2015 dated 07.08.2019 on the file of the Subordinate Court, Kuzhithurai.

2. When the matter is taken up for hearing today, the revision petitioner and the first respondent are present before this Court along with their counsel and the third respondent appeared before this Court through Video Conferencing, as he was affected by paralysis.

3. The revision petitioner and the respondents 1 and 3 have entered into a settlement and in pursuance of the same, they have filed a Compromise Memo dated 15.02.2024 before this Court, duly signed by the above said parties along with their respective counsel on record. The contents of the Compromise Memo are read over to the parties and 2/4

explained to them and they would admit that the same as true and correct. The above said Compromise Memo is recorded.

4. The learned counsel appearing for the revision petitioner would submit that in terms of the Compromise Memo, the revision may be allowed and the matter may be remitted back to the appellate Court directing them to take the appeal on file and to record the compromise.

5. In view of the compromise arrived at between the parties, this Civil Revision Petition is allowed and the appellate Court is hereby directed to take the appeal on file. The parties are directed to file a compromise petition before the appellate Court and on such filing of the same, the appellate Court is directed to consider the same and pass orders in accordance with law. The Compromise Memo dated 15.02.2024 shall form part and parcel of this order. No costs. 05.03.2024 NCC :yes/No Index :yes/No Internet:yes/No csm 3/4

K.MURALI SHANKAR ,J.

csm To

1. The Subordinate Court, Kuzhithurai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

Order made in Dated : 05.03.2024 4/4