M/S.Mahindra World City ... vs Mrs.Malleshwari
2023 Latest Caselaw 1467 Mad

    2023/MHC/580

                                                                        C.R.P.No.300 of 2023

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 07.02.2023

                                                      CORAM

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                C.R.P.No.300 of 2023

                     1.M/s.Mahindra World City Developers Limited,
                       Mahindra Towers, No.17/18,
                       Pattullous Road, Chennai – 600 002.

                     2.M/s.Mahindra Industrial Park Chennai Limited,
                       Mahindra Towers, No.17/18,
                       Pattullous Road, Chennai – 600 002.                ... Petitioners

                                                        Vs.

                     1.Mrs.Malleshwari

                     2.Mrs.Mala

                     3.Mrs.Ashoka

                     4.Mr.Sampath

                     5.Mrs.K.Mohana

                     6.Mr.Sivaraman

                     7.Mrs.Sheela

                     8.Mrs.Seetha

                     Page 1 of 10




https://www.mhc.tn.gov.in/judis
                                                                                     C.R.P.No.300 of 2023



                     9.Mr.B.Ramachandran

                     10.The Sub Registrar,
                        Gummidipoondi SRO,
                        GRC Complex, GNT Road,
                        Chennai – 600 002.

                     11.The Thasildar, Gummidipoondi Taluk,
                        Gummidipoondi, Tiruvallur.                                   ... Respondents

                     Prayer: Civil Revision Petition is filed under Article 227 of the
                     Constitution of India, praying to issue appropriate directions to the IVth
                     Additional Judge at Ponneri to emergently pass order in IA SR No.416 of
                     2023 and record the compromise in O.S.No.553 of 2022 before the IVth
                     Additional Judge at Ponneri and passing a partial judgment and decree.
                                        For Petitioners         : Mr.Srinath Sridevan
                                                                 Senior Counsel
                                                                 For Mr.K.Harishankar

                                        For R1 to R3            : Mr.S.Ashok Kumar

                                                          ORDER

The Civil Revision Petition has been filed under Article 227 of the

Constitution of India to issue appropriate direction to the IVth Additional

Court, Ponneri to pass an order in IA SR No.416 of 2023 and record the

compromise in O.S.No.553 of 2022.

https://www.mhc.tn.gov.in/judis C.R.P.No.300 of 2023

2. The learned Senior counsel appearing on behalf of the revision

petitioners mainly contended that the learned IVth Additional Judge at

Ponneri is continuously not sitting on account of leave. No in-charge Judge

has been posted to call the urgent cases pending before the IVth Additional

Court at Ponneri.

3. The learned Senior counsel appearing on behalf of the revision

petitioners contended that huge amount has been invested by the revision

petitioners and the issues are compromised between the parties and delay in

recording the compromise would cause prejudice to their interest as the

plaintiffs in the suit instituted in O.S.No.553 of 2022 had already received

the Gift Deed executed by the revision petitioners in Document No.589 of

2023 on the file of the Sub-Registrar, Gummidipoondi.

4. When the revision petitioners had already executed Gift Deed in

favour of the plaintiffs, any delay would cause unnecessary complications

between the parties and thus, the revision petitioners have chosen to file the

https://www.mhc.tn.gov.in/judis C.R.P.No.300 of 2023

present revision petition for the purpose of issuing direction to the IVth

Additional Judge at Ponneri to record compromise.

5. This Court thought fit to direct the parties to be present for the

purpose of recording compromise, since issuing a direction again would

cause further delay and more so, the grievance of revision petitioners is that

the compromise is to be recorded as the parties had already agreed the terms

and conditions and more so, the documents are also registered in favour of

the plaintiffs.

6. Taking note of the facts and circumstances, this Court thought fit

that the compromise is to be recorded before this Court by invoking the

powers under Article 226 of the Constitution of India, since the learned

Judge in that particular Court is on leave for a continuous period. The memo

of compromise entered into between the plaintiffs and the defendants 7 and

https://www.mhc.tn.gov.in/judis C.R.P.No.300 of 2023

https://www.mhc.tn.gov.in/judis C.R.P.No.300 of 2023

https://www.mhc.tn.gov.in/judis C.R.P.No.300 of 2023

https://www.mhc.tn.gov.in/judis C.R.P.No.300 of 2023

7. Three plaintiffs namely Smt.Malleswari, Smt.Mala, Smt.Ashoka

are present before this Court today and affirmed the compromise.

8. The learned counsel appearing on behalf of the plaintiffs also

reiterated that the Gift Deed executed by the revision petitioners have

already been received.

9. That being the factum, the Suit instituted in O.S.No.553 of 2022

stands disposed of between the plaintiffs and the revision petitioners /

defendants 7 and 8 in O.S.No.553 of 2022 in terms of the memo of

compromise entered between the parties on 2nd February 2023.

10. Accordingly, this Civil Revision Petition stands disposed of. No

costs.

07.02.2023 kak Index : Yes Speaking order Neutral Citation : Yes

https://www.mhc.tn.gov.in/judis C.R.P.No.300 of 2023

To

The IV Additional Judge, Ponneri.

https://www.mhc.tn.gov.in/judis C.R.P.No.300 of 2023

S.M.SUBRAMANIAM, J.

kak

C.R.P.No.300 of 2023

07.02.2023

https://www.mhc.tn.gov.in/judis