Madras High Court
K.Deepak vs K.Pushpavathi on 11 January, 2021
C.R.P.(NPD).Nos.4035 and 4038 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2021
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.R.P.(NPD).Nos.4035 and 4038 of 2019
and
C.M.P.Nos.13165 and 14645 of 2020
1. K.Deepak
2. M/s.Venkateswara Builders,
Rep. by its Prop.Balaji,
No.313, Kambar Street, Srinivasa Nagar,
Madipakkam, Chennai - 600 091. ... Petitioners
Vs.
1. K.Pushpavathi
2. K.Kamal ... Respondents
Civil Revision Petitions are filed under Section 227 of the Constitution
of India, to set aside the Judgment and Decree dated 24.10.2019 passed in
C.M.A.Nos.17 and 18 of 2019 on the file of III Additional Judge, City Civil
Court, Chennai - 600 104, confirming the Order in I.A.Nos.1 and 2 of 2019 in
O.S.No.280 of 2019 on the file of XIII Assistant Judge, City Civil Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
1/6
C.R.P.(NPD).Nos.4035 and 4038 of 2019
For Petitioners : Mr.S.Sridhar
For Respondents : Mr.R.D.Ashok
ORDER
These Civil Revision Petitions have been filed against the Judgment
and Decree dated 24.10.2019 passed in C.M.A.Nos.17 and 18 of 2019 on the
file of III Additional Judge, City Civil Court, Chennai - 600 104, confirming the
Order in I.A.Nos.1 and 2 of 2019 in O.S.No.280 of 2019 on the file of XIII
Assistant Judge, City Civil Court, Chennai.
2. When the matters were listed on 02.01.2020, the learned counsel
for the petitioners and the respondents submitted that there is a possibility of
settlement between the parties. Hence, the matters were referred to
Mediation Centre and the parties and their counsels were directed to appear
before the Mediation Centre on 08.01.2020. As per which, the parties and the
counsels appeared before the Mediation Centre on the said date. In the
Mediation Proceedings, a settlement proposal has been given to the
petitioners by the respondents and the petitioners have accepted for the
same. However, due to Covid-19 pandemic, the Mediation Proceedings could
not proceed further after March 2020. Hence, the parties have entered a
memo of compromise under the following terms and conditions :-
1) The petitioners in order to avoid any further delay
have agreed for the above mentioned settlement proposal of
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C.R.P.(NPD).Nos.4035 and 4038 of 2019
the respondents.
2) The petitioners agree and undertake to provide 3
Feet Side Set Back, on the Western Side of petitioner’s
property (Suit C Schedule Property) in all respects within one
month from the date of entering this Compromise Memo.
3) The petitioners agrees and undertake to carry out
Pipe Line Repair, Sun Shade Restoration on the Eastern Side
of respondent’s property (Suit B Schedule Property) and
replace Well Top Cover in the respondent’s property within one
month from the date of this Compromise Memo.
4) The petitioners agrees to carry out the development
of the suit C Schedule Property as per the Approved Plan and
undertake not to cause any inconvenience and damage to the
respondents and their (Suit B Schedule Property Plot No.110
A) and agree to abide by the terms of this compromise without
any default. The petitioners further undertakes not to construct
or put up any compound wall on the Western Side of the
petitioner’s property (Suit C Schedule Property).
5) The respondents hereby undertake to withdraw
O.S.No.280 of 2019 now pending on the file of the XIIIth Asst.
Judge, City Civil Court, Chennai, filed against the petitioners
after complying the terms and condition of this Memo of
Compromise by the petitioners.
6) The respondents undertake to withdraw the
complaint given against the petitioners before the Corporation
of Chennai, after the petitioners’ complying with the terms and
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C.R.P.(NPD).Nos.4035 and 4038 of 2019
conditions of this memo of compromise.
3. In view of the above compromise memo entered between the
parties, these Civil Revision Petitions are disposed of as the matters have
been settled between the parties in the aforesaid terms and conditions. No
Costs. Consequently, connected miscellaneous petitions are closed.
11.01.2021
raja
Index : yes/no
Internet : yes/no
Speaking Order/Non-Speaking Order
To
1. The III Additional Judge, City Civil Court, Chennai.
2. The XIII Assistant Judge, City Civil Court, Chennai.
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD).Nos.4035 and 4038 of 2019
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD).Nos.4035 and 4038 of 2019
V.BHAVANI SUBBAROYAN.J.,
raja
C.R.P.(NPD).Nos.4035 and 4038 of 2019
and
C.M.P.Nos.13165 and 14645 of 2020
11.01.2021
https://www.mhc.tn.gov.in/judis/
