(JMD bench allowed C.R.Ps. 1070 and 1281 of 2008 setting aside impugned orders due to a filed settlement memo where the petitioner agreed to pay Rs. 6,00,000/-, acknowledged by the respondent. The other petitions were closed. No costs awarded.)
C.R.P.s 1070 and 1281 allowed; impugned orders set aside; remaining petitions closed; 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.
C.R.P.(MD)(NPD)Nos.1160, 1161, 1070 and 1281 of 2008
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.08.2019
CORAM :
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
C.R.P.(MD)(NPD)Nos.1160, 1161, 1070 and 1281 of 2008 and M.P.(MD)Nos.1, 1, 1 and 2 of 2008 and C.M.P.(MD)Nos.2768 to 2771 of 2018
C.R.P.(MD)(NPD)No.1160 of 2008:-
Radha Bai
:Petitioner
vs.
1.Ramakrishnan 2.Jeyachandra Dhas :Respondents
PRAYER: Civil Revision Petition filed under Section 115 of Code of Civil Procedure, 1908, to set aside the order passed in E.A.No.84 of 2005 in E.P.No.153 of 2003 in O.S.No.126 of 2000 on the file of the Subordinate Court, Padmanabhapuram.
For Petitioner :Mr.R.Joseph Thankaraj For R1 :Mr.K.Sree Kumaran Nair For R2 :Dismissed
C.R.P.(MD)(NPD)No.1161 of 2008:-
Radha Bai :Petitioner
vs.
1.Ramakrishnan 2.Harris 3.Jeyachandran Dhas :Respondents
PRAYER: Civil Revision Petition filed under Section 115 of Code of Civil Procedure, 1908, to set aside the order passed in E.A.No.97 of 2005 in E.P.No.12 of 2002 in O.S.No.236 of 1999 on the file of the Subordinate Court, Padmanabhapuram.
For Petitioner :Mr.R.Joseph Thankaraj For R1 :Mr.K.Sree Kumaran Nair For R2 and R3 :Dismissed
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C.R.P.(MD)(NPD)Nos.1160, 1161, 1070 and 1281 of 2008
C.R.P.(MD)(NPD)No.1070 of 2008:-
Radha Bai
:Petitioner
vs.
1.Ramakrishnan 2.Harris 3.Jeyachandran Dhas :Respondents
PRAYER: Civil Revision Petition filed under Section 115 of Code of Civil Procedure, 1908, to set aside the order passed in E.A.No.444 of 2004 in E.P.No.153 of 2003 in O.S.No.126 of 2000 on the file of the Subordinate Court, Padmanabhapuram.
For Petitioner :Mr.R.Joseph Thankaraj For R1 :Mr.K.Sree Kumaran Nair For R2 and R3 :Dismissed
C.R.P.(MD)(NPD)No.1281 of 2008:-
Radha Bai
:Petitioner
vs.
1.Ramakrishnan 2.Harris 3.Jeyachandra Dhas :Respondents
PRAYER: Civil Revision Petition filed under Section 115 of Code of Civil Procedure, 1908, to set aside the order passed in E.A.No.445 of 2005 in E.P.No.12 of 2002 in O.S.No.236 of 1999 on the file of the Subordinate Court, Padmanabhapuram.
For Petitioner :Mr.R.Joseph Thankaraj For R1 :Mr.K.Sree Kumaran Nair For R2 and R3 :Dismissed
ORDER
When the matter is take up today, it is stated that the parties have entered into a settlement. A compromise memo signed by learned Counsel for the petitioner and the first respondent is filed before this Court. It is stated that C.R.P.(MD)Nos.1070 and 1281 of 2008 were settled before the Mediation on 22.07.2019. The petitioner has agreed to pay a sum of Rs.6,00,000/- and the said amount was acknowledged by the first respondent.
2.C.R.P.(MD)No.1070 of 2008 is directed against the order dismissing petition in E.A.No.444 of 2004 in E.P.No.153 of 2003 in O.S.No.126 of 2000 by the Subordinate Judge, Padmanabhapuram, for delivery of property. https://hcservices.ecourts.gov.in/hcservices/
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C.R.P.(MD)(NPD)Nos.1160, 1161, 1070 and 1281 of 2008
3.C.R.P.(MD)No.1081 of 2008 is directed against the order allowing the petition in E.A.No.445 of 2005 in E.P.No.12 of 2002 in O.S.No.236 of 1999 passed by the Subordinate Judge, Padmanabhapuram. In view of the compromise memo, this Civil Revision Petition is allowed/
4.It is stated that the dispute between the petitioner and the respondent was settled and the amount is paid to the auction purchaser. It is further stated that the amount in full is paid as per the settlement before mediation on 25.07.2019. It is in the said circumstances, this Court is inclined to pass the following order:
1)C.R.P.(MD)(NPD)Nos.1070 and1281 of 2008 are allowed and the order passed in E.A.Nos.444 of 2004 and E.A.No.445 of 2005 in E.P.No.153 of 2003 in O.S.No.126 of 2000 by the learned Subordinate Judge, Padnamabhapuram, are set aside.
2)C.R.P.(MD)Nos.1160, 1161 and 1281 of 2008 and the connected the miscellaneous petitions are closed. No costs.
Sd/-
Assistant Registrar
/TRUE COPY/
Sub Assistant Registrar
To
The Subordinate Judge, Padmanabhapuram.
+1. C.C. to M/S.R.Joseph Thankaraj, Advocate SR.No. 79762
C.R.P.(MD)(NPD)Nos.1160, 1161, 1070 and 1281 of 2008 05.08.2019
cmr
JM/20.08.2019/3P/3C
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2 issues framed by the court
Whether the civil revision petitions should be allowed in light of a settlement and compromise memo signed by the parties.
Whether the impugned orders by the Subordinate Judge regarding delivery of property and execution petitions should be set aside.
1 provisions across 1 enactments
Radha Bai
Ramakrishnan
Jeyachandra Dhas
Harris
S.S. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
