The Court disposed of two Civil Revision Petitions filed under Section 115 CPC. Upon confirmation that parties had settled the dispute and respondents received Rs.5,00,000/-, the petitions were dismissed by consent.
The two Civil Revision Petitions were dismissed by consent upon settlement and payment of Rs.5,00,000/-.
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.(NPD).Nos.3958 of 2016 and 727 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.10.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.R.P.(NPD).Nos.3958 of 2016 & 727 of 2017
and C.M.P.Nos.20080 & 3628 of 2017
Vasudevan (Deceased)
1.Premalatha
2.Vinuchakravarthi
3.Suryaprakash .. Petitioners in both C.R.Ps.
Vs.
1.Murugesan (died)
2.Saroja
3.Ganesh
4.Varalakshmi
5.Padmavathi .. Respondents in both C.R.Ps.
(R2 to R5 brought on record as LRs. of the deceased sole respondent viz.,
Murugesan vide Court order dated 02.09.2021 made in
C.M.P.Nos.13003, 13005 &13009 of 2021 in C.R.P.No.3958/2016 and
order dated 23.08.2021 made in C.M.P.Nos.10394, 10396 & 10398 of
2021 in C.R.P.No.727/2017)
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C.R.P.(NPD).Nos.3958 of 2016 and 727 of 2017
Prayer in C.R.P.No.3958/2016 : Civil Revision Petition filed under Section 115 of C.P.C., to set aside the order dated 02.11.2016 made in E.P.No.108 of 2015 in O.S.No.104 of 2011, on the file of the Sub Court, Kanchipuram.
Prayer in C.R.P.No.727/2017 : Civil Revision Petition filed under Section 115 of C.P.C., to set aside the fair and decreetal order dated 07.02.2017 made in I.A.No.510 of 2016 in O.S.No.104 of 2011, on the file of the Sub Court, Kanchipuram.
(In both C.R.Ps.)
For Petitioners : Mr.A.V.Arun
For Respondents : Died (For R1)
Mr.V.Manoharan (For R2 to R5)
C O M M O N O R D E R
(The matter is heard through 'video conferencing/hybrid mode')
The learned counsel appearing for the petitioners and respondents submitted that the parties have settled the matter and respondents received a Demand Draft bearing No.555608 dated 06.10.2021, for a sum of Rs.5,00,000/- on 07.10.2021 and today, received another sum of
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C.R.P.(NPD).Nos.3958 of 2016 and 727 of 2017
Rs.5,00,000/- by way of Demand Draft bearing No.555636 dated 25.10.2021 and entered into memo of compromise. The petitioners 1 and 2 and respondents 2 to 5 are present. The learned counsel appearing for
the petitioners and respondents identified them and filed the memorandum of joint compromise before this Court. The 3rd petitioner
has sent an e-mail to the learned counsel appearing for the petitioners,
stating that he is living in New Zealand and agreeing for settlement.
the petitioners and respondents 2 to 5, these Civil Revision Petitions are disposed of. The memo of compromise shall form part of the order. No
costs. Consequently, connected Miscellaneous Petitions are closed.
Index :: Yes/No gsa To
The Subordinate Judge, Kanchipuram.
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C.R.P.(NPD).Nos.3958 of 2016 and 727 of 2017
V.M.VELUMANI, J.
gsa
C.R.P.(NPD)Nos.3958 of 2016 & 727 of 2017
26.10.2021
4/4
1 issue framed by the court
Whether the Civil Revision Petitions filed under Section 115 of the CPC require adjudication after settlement and receipt of compensation.
1 provisions across 1 enactments
Vasudevan (Deceased) 1.Premalatha 2.Vinuchakravarthi 3.Suryaprakash
1.Murugesan (died) 2.Saroja 3.Ganesh 4.Varalakshmi 5.Padmavathi
V.M.Velumani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
