S. Mruthulangi rep. by her mother and natural Guardian v. D. Devanathan & Others
2008-07-23
K.VENKATARAMAN, M.CHOCKALINGAM
body2008
DigiLaw.ai
Judgment :- M. Chockalingam, J. 1. When the arguments are at part heard stage, there was an attempt made to compromise the matter. Accordingly, the parties and the respective counsel were at it and also compromised the matter. This day, they have filed a joint memorandum of compromise entered into between the parties. All the parties are present in Court and they have also signed in the memorandum of compromise in all pages. The respective claims are decreed as found in the compromise memo. 2. Further, insofar as the delivery of possession of B schedule property, which is the subject matter in C.S.No.1609 of 1994 and which is correspondingly the subject matter of appeal in O.S.A.No.14 of 2002, it has been agreed by the parties that handing over of possession of "B" schedule property by the plaintiff to the third defendant and also making payment, as agreed by the parties, have got to be done simultaneously. Both the counsel would submit that time may be fixed by the Court for handing over the possession and also for making payment. 3. Considering the facts and circumstances attendant, the Court is of the considered opinion that four months time is granted to both the parties for delivery of possession and also for making payment by respective parties, which has to be taken place before the learned counsel appearing for the parties. Accordingly, it is ordered and these original side appeals are disposed of. The compromise entered into and signed by the parties shall form part of the order passed by this court. 4. The Registry is directed to hand over the title deeds along with the deposit vouchers to the counsel for the second respondent, who in turn shall retain the same. After the handing over of possession and also making cash payment, as referred to in the compromise, so far as the title deeds are concerned, they should be handed over to the third defendant and so far as the deposit vouchers are concerned, they should be given to the second defendant. 5. As per the compromise, the C.M.A. is also disposed of. The Civil Revision Petition has been preferred at the instance of the appellant in C.M.A., whereby an interim order passed in divorce proceedings was challenged.
5. As per the compromise, the C.M.A. is also disposed of. The Civil Revision Petition has been preferred at the instance of the appellant in C.M.A., whereby an interim order passed in divorce proceedings was challenged. Now, the C.M.A. along with the other appeals was taken up and was given disposal, affirming the decree of divorce given by the Family Court. Accordingly, this civil revision petition is also disposed of. No costs. Consequently, the connected CMP is closed.