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Madras High Court

M/S.Ponmari Enterprises Private Ltd vs C.S.Siva Subramanian (Died) on 15 March, 2023

Author: R. Mahadevan

Bench: R. Mahadevan, Abdul Quddhose

                                                                         Rev.Appl.Nos.232 to 235 of 2022

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 15.03.2023

                                                      CORAM :

                                   THE HONOURABLE MR. JUSTICE R. MAHADEVAN
                                                          AND
                                  THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE


                                     Review Application Nos.232 to 235 of 2022


                  M/s.Ponmari Enterprises Private Ltd.,
                  Rep. by its Director K.Malathi,
                  2/495A, Thiruvalluvar Road,
                  Red Hills, Chennai - 600 052.                  ...   Applicant in
                                                                       all Review Applications

                                                           Vs.


                  C.S.Siva Subramanian (Died)
                  1.C.S.Rajamanickam
                  2.C.S.Thirugnana Sambandam
                  3.C.S.Meenakshi                                ...   Respondents 1 to 3 in
                                                                       Rev.Appl.Nos.232 and 234
                                                                                          of 2022
                      (Cause title accepted vide
                       Court order dated 09.11.2022 made in
                       C.M.P.No.18410 of 2022 in Rev.Sr.No.74998 of 2017
                       and C.M.P.No.18416 of 2022 in Rev.Sr.No.74999 of 2017)

                       (R1 to R3 brought on record as legal representatives
                        of the deceased Siva Subramanian vide court order dated 09.11.2022
                         made in C.M.P.Nos.18410 and 18416 of 2022 in
                         Rev.Sr.Nos.74998 and 74999 of 2017)




                  Page 1/5
https://www.mhc.tn.gov.in/judis
                                                                                 Rev.Appl.Nos.232 to 235 of 2022



                  1.C.S.Rajamanickam
                  2.C.S.Thirugnana Sambandam
                  3.C.S.Meenakshi                                       ...   Respondents in
                                                                              Rev.Appl.Nos.233 of 2022

                  1.C.S.Rajamanickam
                  2.C.S.Thirugnana Sambandam                           ...    Respondents in
                                                                              Rev.Appl.No.235 of 2022


                            Review Applications are filed under Section 114 of Civil Procedure Code
                  under Order XLVII Rule 1 of Civil Procedure Code against the Judgment and
                  Decree passed in O.S.A.Nos.153, 154, 155 and 156 of 2017, dated 21.07.2017.


                                   For Applicant in
                                   all Review Applications :    Mr.S.Jayakumar


                                   For respondents in
                                   all Review Applications : Mr.Simon Jeya Kumar


                                                               ***


                                                      COMMON ORDER

(Order of the Court was made by R. MAHADEVAN, J.) The review applicant is the plaintiff in the civil suits viz., CS Nos.38, 39, 41 and 42 of 2008 and they filed the same for specific performance. By judgment and decree dated 12.01.2016, the suits were dismissed. Challenging the same, the plaintiff filed OSA Nos.153 to 156 of 2017, which also ended in dismissal thereby confirming the judgment and order of the learned Judge dated Page 2/5 https://www.mhc.tn.gov.in/judis Rev.Appl.Nos.232 to 235 of 2022 12.01.2016 passed in the civil suits and consequently, directing the Registry to return the plaints to the plaintiff for the purpose of presenting the same before the appropriate forum within a period of three weeks from the date of receipt of a copy of the order. Aggrieved by the same, the plaintiff has preferred these applications seeking to review the said order passed by this court in the original side appeals.

2.Today, when these matters were taken up for consideration, the learned counsel appearing for both sides submitted that the matters have been settled between the parties. They have filed joint memorandums of compromise, dated 11.02.2023, signed by the review applicant/plaintiff and the respondents/ defendants, to that effect.

3.This court also perused the aforesaid memorandums of compromise, wherein it is categorically stated that the parties have mutually agreed to settle the disputes/legal proceedings amicably pending in the High Court viz., review applications.

4.Therefore, all these review applications are disposed of, in terms of the compromise entered into between the parties. The joint memorandums of Page 3/5 https://www.mhc.tn.gov.in/judis Rev.Appl.Nos.232 to 235 of 2022 compromise dated 11.02.2023 signed by both parties, shall form part of the decree. No costs.

[R.M.D., J.] [A.Q., J.] 15.03.2023 rns Speaking Order / Non-speaking order Internet : Yes.

Index : Yes/No Copy to The Sub Assistant Registrar, (Original Side) Madras High Court.

Page 4/5 https://www.mhc.tn.gov.in/judis Rev.Appl.Nos.232 to 235 of 2022 R. MAHADEVAN, J.

and ABDUL QUDDHOSE, J.

rns Review Application Nos.232 to 235 of 2022 15.03.2023 Page 5/5 https://www.mhc.tn.gov.in/judis