Madras High Court
A.Mallika Begam vs R.Abdul Bazid on 29 June, 2021
C.R.P (PD) No.3506 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.06.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.R.P (PD) No.3506 of 2018
and
CMP.No.19642 of 2018
1. A.Mallika Begam
2. A.Benazir ... Petitioners
Vs.
R.Abdul Bazid ... Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the
Constitution of India, to set aside the judgment and decree dated 14.08.2018
in C.M.A.No.91 of 2017 passed by the VII Additional Judge, City Civil
Court, Chennai and confirming the order and decretal order dated
02.11.2017 in I.A.No.12023 of 2017 in O.S.No.4658 of 2017 passed by the
IV Assistant City Civil Court, Chennai.
For Petitioners : Mr.Esakkiappan A.M
For Respondent : No Appearance
1/4
https://www.mhc.tn.gov.in/judis/
C.R.P (PD) No.3506 of 2018
ORDER
This Civil Revision Petition is directed against judgment and decree
dated 14.08.2018 in C.M.A.No.91 of 2017 passed by the learned VII
Additional Judge, City Civil Court, Chennai and confirming the order and
decretal order dated 02.11.2017 in O.S.No.4658 of 2017 passed by the
learned IV Assistant Judge, City Civil Court, Chennai, thereby confirming
the order passed by the Trial Court.
2. The petitioners are the plaintiffs and the respondent is the
defendant. The petitioners filed the suit for permanent injunction and the
Trial Court ordered the status quo to be maintained by parties in respect of
the suit schedule property. Thereafter, the Trial Court vacated the status quo
already granted. Aggrieved by the same, the petitioner preferred an Appeal
in C.M.A.No.91 of 2017 and the same also confirmed the order passed by
the Trial Court. Aggrieved by the same, the present Civil Revision Petition
is filed.
3. While pending the Civil Revision Petition, the respondent filed an
affidavit dated 23.02.2021 stating as follows:-
“1. It is submitted that the plaintiff herein filed the
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C.R.P (PD) No.3506 of 2018
above suit in O.S.No.4658 of 2017 before this Court praying
for a permanent injunction retraining the defendant and his
men, servant, agent, representative or any other person
acting in his behalf, from any manner interfering with the
plaintiff's peaceful possession and enjoyment of the suit
schedule mentioned property.
2. It is submitted that now after passing of 3 years, the
defendant herein have come forward to give quietus to the
issues considering the future and to close the matter once
for all and resolve the disputes amicably.
3. It is submitted that myself and my family members
have “No Future Obligation, claim” whatsoever in the Suit
Schedule mentioned Property and Decree may be passed.”
4. In view of the above affidavit dated 23.02.2021, the parties are
directed to file a compromise memo before the Court below forthwith and
on receipt of the same, the Court below is directed to dispose of the suit in
accordance with the compromise memo, within a period of two weeks
thereafter.
https://www.mhc.tn.gov.in/judis/
C.R.P (PD) No.3506 of 2018
G.K.ILANTHIRAIYAN,J.
Kv
5. With the above direction, this Civil Revision Petition is disposed
of. Consequently, the connected Miscellaneous Petition is closed. No costs.
29.06.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
kv
To
1. The VII Additional Judge, City Civil Court, Chennai.
2. The IV Assistant Judge, City Civil Court, Chennai.
3. The Section Officer,
V.R. Section, High Court of Madras.
C.R.P (PD) No.3506 of 2018
https://www.mhc.tn.gov.in/judis/
