Disposed

Mr. Alwin v. Mrs.Sheela

Madras HC21 Sept 2021CRP/3991/2019

Case brief

AI extract

What is this about?

The High Court set aside an ex parte interim order and the impugned order dismissing an interim application in a civil suit, allowing the reference of the parties to the trial court to pass a compromise decree based on a filed Joint Memo of Compromise.

What did the court decide?

The impugned order is set aside; parties to be referred to the trial court for recording terms of the compromise decree entered into between them.

Mr. Alwin Vs Mrs.Sheela — Civil Procedure and Limitation | Madras HC (2021)

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C.R.P. (NPD) No.3991 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 21.09.2021

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CORAM :

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THE HONOURABLE MR. JUSTICE G. CHANDRASEKHARAN

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C.R.P. (PD) No.3991 of 2019
and
C.M.P.No.26267 of 2019
Alwin ... Revision Petitioner
Vs.
Sheela ... Respondent

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PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 24.09.2019 passed in I.A.No.1 of 2019 in O.S.No.3272 of 2016 on the file of the XV Additional City Civil Court at Chennai.

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For Petitioner : Mr.P.Sivamani For Respondent : Mr.K.Shakespeare

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O R D E R

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This Civil Revision Petition is filed challenging the order passed in

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I.A.No.1 of 2019 in O.S.No.3272 of 2016, passed by the learned XV

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Additional Judge, XV Additional City Civil Court, Chennai, on 24.09.2019.

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http://www.judis.nic.in Page 1 of 4

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C.R.P. (NPD) No.3991 of 2019

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2.I.A.No.1 of 2019 was filed to set aside the ex parte order passed

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against the petitioner in the suit. During the pendency of the Civil Revision Petition, a Joint Memo of Compromise entered into between the parties, is filed. It is seen from the Joint Memo of Compromise that the parties had

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settled the dispute between them and prayed that a compromise decree be passed in terms of the Joint Memo of Compromise. The learned counsel for both the parties also pray for setting aside the order passed in I.A.No.1 of 2019 and for referring the matter to the trial Court for recording the terms of compromise.

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3.In view of the submissions made, the order passed in I.A.No.1 of

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2019 in O.S.No.3272 of 2016, is set aside and the ex parte order passed

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against the petitioner is set aside and the parties are referred to the XV

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Additional City Civil Court, Chennai, for recording the terms of compromise entered into between them in pursuance to the Joint Memo of Compromise.

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The parties are at liberty to produce the original Joint Memo of Compromise before the XV Additional City Civil Court, for passing appropriate orders in terms of the Joint Memo of Compromise.

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http://www.judis.nic.in Page 2 of 4

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C.R.P. (NPD) No.3991 of 2019

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4.Accordingly, this Civil Revision Petition is disposed of. No costs.

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Consequently, connected Miscellaneous Petition is closed.

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21.09.2021
jeni/mkn
Internet : Yes
Index : Yes / No
Speaking order / Nonspeaking order
To
The XV Additional Judge,
XV Additional City Civil Court,
Chennai.

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http://www.judis.nic.in Page 3 of 4

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C.R.P. (NPD) No.3991 of 2019

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G. CHANDRASEKHARAN, J.

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jeni/mkn

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C.R.P. (PD) No.3991 of 2019

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21.09.2021

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http://www.judis.nic.in Page 4 of 4

Mr. Alwin v. Mrs.Sheela

Case brief

What is this about?

What did the court decide?

Mr. Alwin v. Mrs.Sheela

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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