Madras High Court
Mrs.S.Sujatha vs Mrs.V.Rukumani on 25 March, 2019
Author: V.Bharathidasan
Bench: V.Bharathidasan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2019
CORAM
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN
S.A. 317 of 2019
and
C.M.P. 4751 of 2019
1. Mrs.S.Sujatha
2. Mr.J.Tarunkumar ... Appellants
Vs.
Mrs.V.Rukumani ... Respondent
Prayer :- This Appeal has been filed under Section 100 of C.P.C.
against the Judgment and decree dated 28.06.2018 passed in
A.S.No.56 of 2017 on the file of II Additional Judge, City Civil
Court, Chennai confirming the judgment and decree dated
09.08.2016 passed in O.S.No.6352 of 2013 on the file of XVIII
Assistant Judge, City Civil Court, Chennai.
For Appellant : Mr.R.Kannan
For Respondent : Mr.R.Thirugnanam
JUDGMENT
The defendants are the appellants in the present Second Appeal.
http://www.judis.nic.in 2
2. The respondent/plaintiff has filed a suit for recovery of possession and both the courts below have decreed the suit in favour of Respondent/plaintiff. Challenging the judgment and decree, the appellants/defendants have filed the present Second Appeal.
3. As there was a likelihood of compromise between the parties, pending appeal, this matter was referred to Mediation and Conciliation Centre attached to this Court for mediation and before the Mediation and Conciliation Centre, the parties have entered into a compromise and they have also filed a memo of compromise duly signed by both the parties. Thereafter, the matter was posted before this Court.
4. The joint compromise memo filed by the parties to the appeal reads as follows :-
“(1) The appellants agree and undertake to vacate and hand over the vacant possession of the suit property viz., the second floor at the premises Door No.8, Plot No.42 and 47, Valliammal Garden 1st street, Rangarajapuram, Chennai-600 024, which is the subject matter in O.S.No.6352 of 2013 on the file of XVIII Assistant City Civil Court, Chennai on or before 15.04.2019.
http://www.judis.nic.in 3 (2) The respondent agrees and undertakes that she would pay a sum of Rs.5,00,000/- (Rupees five lakhs only) by way of demand draft in favour of the 1st appellant viz., Mrs.S.Sujatha, at the time of vacating and handing over of the suit property by the Appellants.
(3) The respondent further agrees and undertakes that she would execute and register a absolute Settlement deed in favour of the 1st appellant viz., Mrs.S.Sujatha in respect of the Flat in the first floor, 'B' block, bearing No.106 of an area of 974 sq.ft. Situated at “PUSHPADRUMA” Apartments, OMR Main Road, Kalavakkam, Tiruporur Panchayat, Kancheepuram District, together with 346 sq.ft. of undivided share in the land comprised in Survey No.36/3A, 36/4A, and 36/4B out of 4 acres and 40 cents Kalavakkam village, Kancheepuram District at the cost of Rs.30,000/- (Rupees thirty thousand only) by the respondent and she has to hand over the key and original documents of the flat to the 1st appellant at the time of vacating and handing over the suit property by the appellants to the respondent. http://www.judis.nic.in 4 (4) The appellants and the respondent covenant that there is no claims whatsoever against each other in respect of immovable and movable properties.
(5) There will be an order of no costs and the court fee may be refunded”.
5. Recording the above compromise entered between the parties, the present Second Appeal stands dismissed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.
6. The memo of compromise shall be form part of the present Second Appeal, and the appellant is directed to vacate the premises on or before 15.04.2019.
7. The Registry is directed to post the matter on 24.04.2019 under the caption “for reporting compliance”.
25.03.2019 Index : Yes/No Internet: Yes/No Speaking/Non Speaking order rpp To II Addl. Judge, City Civil Court, Chennai.
http://www.judis.nic.in 5 V.BHARATHIDASAN,J.
rpp S.A. 317 of 2019 and C.M.P. 4751 of 2019 25.03.2019 http://www.judis.nic.in