This judgment allows a review application under Section 114 and Order XLVII Rule 1 of the Civil Procedure Code. The High Court recorded a joint compromise memo dated 01.04.2015 to resolve the dispute arising from a previous Civil Revision Petition.
The joint compromise memo dated 01.04.2015 was recorded and formed part of the order. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2015
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
REVIEW APPLICATION NO.34 OF 2015 IN C.R.P.(NPD) NO.3903 OF 2014
T.Baskaran
... Petitioner
Vs.
Vidyanathan
... Respondent
PRAYER: Petition filed under Section 114 read with Order XLVII Rule 1 of the Civil Procedure Code to review the order dated 04.03.2015 passed in C.R.P.(NPD) No.3903 of 2014.
For Petitioner : Mr.S.Raghavan For Respondent : Mr.J.Nandagopal
O R D E R
Heard the submissions made by Mr.S.Raghavan, learned counsel
for the petitioner and Mr.J.Nandagopal, learned counsel for the respondent and perused the materials available on record.
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2.This Review Application is filed to review the order dated
04.03.2015 passed by this Court in C.R.P.(NPD) No.3903 of 2014.
3.This Court by order dated 04.03.2015 disposed of the Civil Revision Petition recording the settlement reached between the parties and further directing the petitioner to pay the balance amount of Rs.9,35,060/-
within a period of four weeks from the date of receipt of a copy of the said order.
4.Mr.S.Raghavan, learned counsel for the petitioner submitted
that on the date of recording the settlement, he was out of station and his junior has not properly represented the matter. It is further submitted that now the parties have arrived at a compromise and they have also reduced the same
in writing. Thereby, the petitioner agreed to pay the balance amount on or before 30.06.2015 and the respondent has also agreed for returning the original documents and for executing the cancellation deed.
5.Mr.J.Nandagopal, learned counsel for the respondent has
submitted that the joint memo of compromise dated 01.04.2015 can be accepted and the review application can be disposed of recording the same.
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6.In the result, this Review Application is allowed and the joint
memo of compromise dated 01.04.2015 is hereby recorded and the same shall
form part of this order. No costs.
01.04.2015
Index : Yes / No Internet : Yes / No TK
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K.KALYANASUNDARAM, J.
TK
REVIEW APPLICATION NO.34 OF 2015 IN C.R.P.(NPD) NO.3903 OF 2014
01.04.2015
1 issue framed by the court
Whether the review application filed under Section 114 and Order XLVII Rule 1 CPC should be allowed in light of the new joint compromise memo.
1 provisions across 1 enactments
T.Baskaran
Vidyanathan
K.KALYANASUNDARAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
