M.Digvijayapandian vs S.Yogavalli ...Ist on 23 June, 2017

[Cites 0, Cited by 0]

Madras High Court

M.Digvijayapandian vs S.Yogavalli ...Ist on 23 June, 2017

Bench: R.Subramanian

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 23.06.2017  

CORAM   

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN             

TR.C.M.P(MD)No.145 of 2017   
and 
C.M.P(MD)Nos.3348 and 3621 of 2017   

M.Digvijayapandian              .. Petitioner/12th Respondent


                                        vs.


1.S.Yogavalli                   ...Ist Respondent/Petitioner/Petitioner

M.Muthukrishna Thevar(died) 

M.Sankara Pandian(died) 

M.Baskar(died) 

2.M.Bala Subramanian  

3.M.Saibaba 

4.M.Shanmugha Thai   

5.N.Leelavathi

6.M.Padmavathi  

7.Dhanavalli

8.M.mariappa Udhayakumar   

9.Prabakar 

10.Chandrika 

11.Manjula 

12.Parimala     ...Respondents 2 to 12/Respondents4 to 11 and 
                                13 to 15/Respondents 4 to 11 and 13 to 15

Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the
Civil Procedure Code  praying this Court to transfer the case in E.A.No.22 of
2017 in E.P.No.31 of 2011 from the file of the District Munsif Court,
Virudhunaar to the file of any other District Munsif Court.

For Petitioner            : Mr.Rajagopal
                                                    for M/s.K.Selvam

For Respondent-1         : M/s.N.Mohan
                 For Respondent-4         : M/s.H.Lakshmi Shankar
                 For respondents           : M/s.N.Madhava Govindan
                        7 and 9
                

:ORDER

Though this Transfer Petition has been filed seeking transfer of applications seeking to set aside the ex-parte order in E.P.No.31 of 2011, considering the relationship between the parties, the parties were directed to explore the possibility of an amicable settlement between them.

2.Pursuant to the same, the parties have reached a settlement and they have also filed a compromise memo. The first respondent/Decree- Holder/Petitioner in E.P.No.31 of 2011 as well as the Petitioner, who is appearing as party-in-person have filed a compromise memo, wherein, it is stated that the Petitioner has paid 1/9th share of the first respondent/Decree-holder, for the portion of the property measuring about 355 sq.ft, which forms part of Item No.23 in the Execution Petition, which is in possession of the Petitioner. A plan has been produced showing the said portion which is under the occupation of the Petitioner marked in red colour. The first respondent/Decree-holder agreed to withdraw the Execution Petition with reference to the said 355 sq.ft southern portion of the property described as Item No.23 in the Execution Petition and the same is shown in red colour in the plan.

3.In view of the above compromise, E.P.No.31 of 2011 will stand dismissed, in respect of southern portion of Item No.23, which is shown in the red colour in the plan annexed with the compromise. The Executing Court shall proceed with the execution of the decree in E.P.No.31 of 2011 with reference to other properties and dispose of the same, on or before 30.09.2017.

4.The Transfer Civil Miscellaneous Petition is ordered accordingly. The Compromise memo as well as the plan shall form part of the order. Consequently, connected Civil Miscellaneous Petitions are closed. No costs.

To The District Munsif, Virudhunagar..

Unlock Advanced Research with PRISMAI

Madras High Court