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2008 DIGILAW 2998 (MAD)

Haseena Begum & Another v. Syed Masood Ali & Others

2008-08-19

G.RAJASURIA

body2008
Judgment :- This appeal is focussed as against the judgment and decree dated 07.04.2006 passed by the learned Additional District Judge, Fast Track V Court, Chennai, in O.S.No.6444 of 2003. For convenience sake, the parties are referred to here under according to their litigative status before the Trial Court. 2. Heard both sides. 3. The plaintiffs, Syed Masood Ali and Syed Mir Mohammed Ali along with their mother Zaibunnisa (R4 herein), newly added party in the appeal, appeared on the one side and on the other side, Haseena Begum (D1) and Arshiya Afsha (D3) appeared and they in unison would submit that voluntarily they entered into a compromise as found set out in the memo of compromise presented by them, which was acknowledged to have been signed by them and their respective counsel. Thereupon, they have been sent to the Deputy Registrar for furnishing their statements, whereupon, the Deputy Registrar got the statements of Syed Masood Ali and Haseena Begum and the memo of compromise was marked as Ex.A13. 4. The parties thereafter also appeared before me and stated that a final decree might straightaway be passed which could be executed straightaway by filing E.P. as they relinquish their right to mesne profit as against each other. Hence in these circumstances, recording the compromise, I pass the following order: "The judgment and decree of the trial Court shall stand replaced by the judgment and decree of this Court which will have the effect of final decree. The Registry is directed to incorporate the memo of compromise as part and parcel of the final decree. The parties are at liberty to straightaway file E.P. to get it executed. The learned counsel for the appellants would highlight that now final decree is pending before the trial Court and that shall stand closed in view of the order passed by this Court. The parties shall deposit necessary non-judicial stamp papers for engrossing the final decree as per law." Accordingly the appeal stands disposed of. No costs.