Mercy George vs Malik Mohamed Yousuf Abrar
2023 Latest Caselaw 17579 Mad

Citation : 2023 Latest Caselaw 17579 Mad
Judgement Date : 22 December, 2023

Madras High Court

Mercy George vs Malik Mohamed Yousuf Abrar on 22 December, 2023

Author: R.Subramanian

Bench: R.Subramanian

                                                                                A.S.Nos.219 & 220 of 2021
                                      THE HIGH COURT OF JUD ICATURE AT MADRAS
                                                     DATED: 22.12.2023
                                                          CORAM:
                                    THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                     AND
                                    THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

                                                 A.S.Nos.219 & 220 of 2021
                                                            and
                                           C.M.P.Nos.10654 of 2021 & 14836 of 2023

                     1.Mercy George
                     2.Sharu Jose
                     3.Itty George
                     4.Thomas George                                             ...Appellants

                                                             Vs.

                     1.Malik Mohamed Yousuf Abrar

                     2.Shahnaz Kalim                                             ...Respondents



                     Common Prayer: First Appeal filed under Section 96 of C.P.C., r/w. Order
                     41 Rule 1 of C.P.C. & Order IV, Rule 14 & 15 of the High Court Appellate
                     Side Rules, 1956, against the judgment and decree dated 20.12.2019 passed
                     in O.A.No.2747 of 2019 & counter claim in OS.No.2747 of 2019 by the VI-
                     Additional City Civil Court, Chennai.

                                  For Appellants   : Mr.Vijayan Subramanian in both appeals

                                  For Respondents : Mr.K.M.Aasim Shehzad in both appeals



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https://www.mhc.tn.gov.in/judis
                                                                               A.S.Nos.219 & 220 of 2021



                                              COMMON JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN, J.)

The parties have entered into a compromise and a memorandum of

compromise signed by the parties have also been produced. The 2nd

appellant, who is residing in Bangalore has authorized her mother to sign

the joint compromise memo. An E-mail addressed by her with a copy

marked to 1st respondent has also been produced. The 1st appellant has

signed on behalf of the 2nd appellant also.

2.As per the compromise, a sum of Rs.35,00,000/- (Rupees Thirty

Five Lakhs only) which has been deposited by the appellants is to be paid

over to the 2nd respondent, Mrs.Shanaz Kalim. The balance amount of

Rs.36,00,000/- (Rupees Thirty Six Lakhs only) has been paid by the

appellants by way of demand draft dated 20.12.2023 in favour of the 2nd

respondent. The said demand draft has been handed over to the counsel for

the appellants today. The 1st respondent has handed over the keys of the

premises bearing New Door No.51, 1st Main road, Gandhi Nagar, Adyar,

Chennai - 6 to the learned counsel appearing for the appellants today. The

parties are also present and they affirm the factum of having entered into a

https://www.mhc.tn.gov.in/judis A.S.Nos.219 & 220 of 2021 compromise.

3.The compromise is recorded. The Appeal is disposed of in terms

of the compromise. There will be a direction to the Registrar (General) to

issue a Cheque for a sum of Rs.35,00,000/- (Rupees Thirty Five Lakhs) in

favour of the 2nd respondent, Mrs.Shanaz Kalim. There will be no order as

to costs in these appeals.

4.The Trial Court will record full satisfaction of the decree in

O.S.No.2747 of 2019 on production of this order. The Executing Court is

directed to close the Execution Petition filed in E.P.No.2425 of 2020.

                                                                         (R.S.M., J.)    (N.S., J.)
                                                                                  22.12.2023
                     kkn

                     Internet:Yes
                     Index:No
                     Non-speaking order
                     Nuetral Citation :No

https://www.mhc.tn.gov.in/judis A.S.Nos.219 & 220 of 2021

R.SUBRAMANIAN, J.

and N.SENTHILKUMAR, J.

KKN

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