Allowed

M.Digvijayapandian, v. S.Yogavalli

Madras HC23 Jun 2017TR CMP(MD)/145/2017

Case brief

AI extract

What is this about?

Bench allowed transfer petition following a compromise where the petitioner paid a share of the property to the decree-holder. The execution petition was dismissed regarding the settled portion, and the remaining properties are to be executed by the executing court.

What did the court decide?

The execution petition (E.P.No.31 of 2011) was dismissed regarding the southern portion of Item No.23. The Executing Court was directed to proceed with the execution of the decree regarding other prop

M.Digvijayapandian, Vs S.Yogavalli — Execution and Attachment | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED 23.06.2017

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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TR.C.M.P(MD)No.145 of 2017 and C.M.P(MD)Nos.3348 and 3621 of 2017

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M.Digvijayapandian .. Petitioner/12^th Respondent/

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12^th respondent

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vs.

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1.S.Yogavalli ... Ist Respondent/Petitioner/Petitioner

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M.Muthukrishna Thevar(died)

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M.Sankara Pandian(died)

M.Baskar(died)

2.M.Bala Subramanian

3.M.Saibaba

4.M.Shanmugha Thai

5.N.Leelavathi

6.M.Padmavathi

7.Dhanavalli

8.M.mariappa Udhayakumar

9.Prabakar

10.Chandrika

11.Manjula

12.Parimala ...Respondents 2 to 12/Respondents4 to 11 and 13 to 15/Respondents 4 to 11 and 13 to 15

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https://hcservices.ecourts.gov.in/hcservices/ Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code praying this Court to transfer the

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case in E.A.No.22 of 2017 in E.P.No.31 of 2011 from the file of the District Munsif Court, Virudhunaar to the file of any other District Munsif Court.

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For Petitioner : Mr.M.Digvijayapandian, Party in Person For Respondent-1 : M/s.N.Mohan For Respondent-4 : M/s.H.Lakshmi Shankar For respondents : M/s.N.Madhava Govindan 7 and 9

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ORDER

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Though this Transfer Petition has been filed seeking transfer of applications seeking to set aside the ex-parte order in E.P.No.31 of 2011, considering the relationship between the parties, the parties were directed to explore the possibility of an amicable settlement between them.

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2.Pursuant to the same, the parties have reached a settlement and they have also filed a compromise memo. The first respondent/Decree-Holder/Petitioner in E.P.No.31 of 2011 as well as the Petitioner, who is appearing as party-in-person have filed a compromise memo, wherein, it is stated that the Petitioner has paid 1/9^th share of the first respondent/Decree-holder, for the portion of the property measuring about 355 sq.ft, which forms part of Item No.23 in the Execution Petition, which is in possession of the Petitioner. A plan has been produced showing the said portion which is under the occupation of the Petitioner marked in red colour. The first respondent/Decree-holder agreed to withdraw the Execution Petition with reference to the said 355 sq.ft southern portion of the property described as Item No.23 in the Execution Petition and the same is shown in red colour in the plan.

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3.In view of the above compromise, E.P.No.31 of 2011 will stand dismissed, in respect of southern portion of Item No.23, which is shown in the red colour in the plan annexed with the compromise. The Executing Court shall proceed with the execution of the decree in E.P.No.31 of 2011 with reference to other properties and dispose of the same, on or before 30.09.2017.

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4.The Transfer Civil Miscellaneous Petition is ordered accordingly. The Compromise memo as well as the plan shall form part of the order. Consequently, connected Civil Miscellaneous Petitions are closed. No costs.

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Sd/Assistant Registrar (CO)

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Sub Assistant Registrar

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https://hcservices.ecourts.gov.in/hcservices/

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Encl: Xerox copy of Compromise Memo

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The District Munsif, Virudhunagar.

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+2 CCs to M/s.N.MADHAVA GOVINDHAN, Advocate, SR No. 61796. +2 CCs to M/s.N.MOHAN, Advocate, SR No. 61701

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+1 CC to M/s.M.DIGVIJAYAPANDIAN, Advocate, SR No. 61722

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VSN

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PSM/KP/SAR1/07.07.2017/3P/7C

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TR.C.M.P(MD)No.145 of 2017 and C.M.P(MD)Nos.3348 and 3621 of 2017 23.06.2017

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https://hcservices.ecourts.gov.in/hcservices/

M.Digvijayapandian, v. S.Yogavalli

Case brief

What is this about?

What did the court decide?

M.Digvijayapandian, v. S.Yogavalli

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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