Revision against an executing court's order delivering possession per a Lok Adalat partition award. Pending revision the brothers compromised, divided the property and built a dividing wall. The High Court disposed of the revision as settled on the joint memo and later appended its terms for execution purposes.
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CRP.No.1149 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
C.R.P.No.1149 of 2024 and C.M.P.No.5927 of 2024
R.Nandagopal .. Petitioner
Vs.
1.M.R.Gurumurthy
2.Abhisheka Kattalai attached to
A/M Thiyagaraja Swamy Thirukoil
Rep by its Heriditary Trustee Velakurchy Aathina Kartha Thirupugaloore .. Respondents
Prayer:- Civil Revision Petition filed under Article 227 of the Constitution
of India to set aside the docket order dated 01.02.2024 passed by the Executing Court in EP.No.82/2020 in O.S.No.24/2019 on the file of Principal District Court, Tiruvarur.
For Petitioner : Mr.J.Nandagopal For Respondents : Mr.T.S.Baskaran for R1
Mr.A.R.Nixan for R2
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CRP.No.1149 of 2024
ORDER
This petition has been filed as against the docket order dated 01.02.2024 passed by the Executing Court in EP.No.82/2020 in O.S.No.24/2019 on the file of Principal District Court, Tiruvarur.
(i). O.S.No.23 of 2019 has been filed for the dissolution of the partnership firm, namely, M.R.Sons.
(ii). O.S.No.22 of 2019 has been filed for the dissolution of the partnership firm, namely, Mura Readymades.
(iii) O.S.No.24 of 2019 has been filed for the partition of the property in 7B and 7C VRR Road, Vijayapuram, Thiruvarur
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CRP.No.1149 of 2024
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CRP.No.1149 of 2024
the property. They have also filed a joint memo of compromise dated
11.09.2024 with the plan appended to it.
before this Court to give effect to the terms of the joint memo of compromise and thus, the revision is posted today. When the revision was taken up, the learned counsel appearing for both sides submitted that pursuant to the order dated 11.09.2024, the petitioner and the first respondent have effected partition and a dividing wall is also built. They would submit that the order of this Court dated 11.09.2024 had been complied.
civil revision petition shall stand disposed of as settled. The joint memo of compromise shall form part of the parcel of the record. Consequently, connected miscellaneous petition is closed.
26.09.2024
dhk Index : Yes/No Internet : Yes/No Note: Issue Order Copy on 30.09.2024
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To,
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CRP.No.1149 of 2024
A.D.JAGADISH CHANDIRA, J.,
dhk
C.R.P.No.1149 of 2024
26.09.2024
Page 6 of 12
C.R.P.No.1149 of 2024 and C.M.P.No.5927 of 2024
CRP.No.1149 of 2024
A.D.JAGADISH CHANDIRA , J.
This matter has been listed today under the caption “for clarification” at the instance of the learned counsel for the first respondent/plaintiff.
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CRP.No.1149 of 2024
" The contents of the joint memo of compromise dated 11.9.2024 are as under:-
a) Land Area - 4290.36 Sq. ft (Eastern side) b) Ground Floor Building Area - 3526.625 Sq. ft c) First Floor Building Area - 3526.625 Sq. ft d) Second Floor Building Area - 3526.625 Sq. ft e) Third Floor Building Area - 3526.625 Sq. ft
a) Land Area - 4866.64 Sq.ft (Western side) b) Ground Floor Building Area - 3143.655 Sq. ft c) First Floor Building Area - 3254.635 Sq. ft d) Second Floor Building Area - 3254.635 Sq. ft e) Third Floor Building Area - 3254.635 Sq. ft
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CRP.No.1149 of 2024
a) Electricity Connection with EB room
b) Borewell with Water facility.
c) Two Staircase available inside and outside of the building (eastern side)
d) All the Racks and tables available on all the Floors (eastern side) of the building.
e) Car park area outside the Eastern side of the building.
f) Water Tank available in the Roof Top.
a) All the Racks and Tables available on the Ground Floor (Western Side) of the building
b) Staircase available inside from Ground Floor to First Floor of the building (Western Side)
c) Front side parking space and western side open area with toilets.
d) Two Generator installed in the western side of the building.
e) Office Room, Locker, Computer Amenities with furniture in the Second floor of the building.
f) Glass rooms with Furniture racks and tables in the First Floor
g) Furniture, Racks and Tables in the Second Floor
h) All electrical fittings and fans and Air Condition machine available in Ground, First and Second Floor.
i) Lift facility from Ground Floor to Second Floor along with head room
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CRP.No.1149 of 2024
expenses to the Petitioner/Defendant.
It is therefore prayed that this Hon'ble Court may be pleased to record this Joint memo of compromise and pass appropriate orders in terms of the compromise."
A copy of the plan appended to the said joint memo of compromise shall form part of the order. "
15.10.2024
ham
Note : Registry is directed to carry out the above correction and issue fresh order copy by 18.10.2024.
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CRP.No.1149 of 2024
A.D.JAGADISH CHANDIRA, J.
ham
C.R.P.No.1149 of 2024 and C.M.P.No.5927 of 2024
15.10.2024
Page 12 of 12
1 issue framed by the court
Whether the docket order in EP.No.82/2020 executing the Lok Adalat award could be challenged, and whether the parties' subsequent compromise should be recorded?
1 provisions across 1 enactments
R.Nandagopal
M.R.Gurumurthy
Abhisheka Kattalai attached to A/M Thiyagaraja Swamy Thirukoil
A.D.Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
