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2012 DIGILAW 1748 (MAD)

Sambasiva Reddiar (died) v. Sardarmal Chordia Jain

2012-04-04

G.RAJASURIA

body2012
JUDGMENT 1. Animadverting upon the order dated 28.04.2009 passed by the learned Principal Subordinate Judge, Villupuram in E.A.No.28 of 2009 in E.P.No.231 of 2005 in O.S.No.126 of 1981, this civil revision petition is focussed. 2. When the matter has come up for hearing, the learned Advocates on both sides were present with their respective parties, namely, Sarasu and Gouthamchand Jain and they jointly presented the memo of compromise and prayed this Court for recording the compromise. 3. On hearing Sarasu/P6 as well as Gouthamchand Jain/R2, I directed the Deputy Registrar concerned to record their statements and get marked the memo of compromise as well as the power of attorney deeds. After the Deputy Registrar recorded the statements of the respective parties and also marking the relevant documents, the file was placed before this Court. The aforesaid parties with their respective Advocates again appeared. I ascertained from them once again as to whether they voluntarily entered into such compromise, for which they answered in the affirmative. The parties' respective Advocates also are found to have signed the memo of compromise. 4. On the side of the petitioners, Ex.A1-the Power of Attorney in favour of the 6th petitioner/Sarasu @ Saraswathi dated 26.03.2012, Ex.A2-the Voter's I.D. of Sarasu/6th petitioner and Ex.A3-the memorandum of compromise dated 04.04.2012 were marked. On the side of the respondents, Ex.B1-the Power of Attorney in favour of the 2nd respondent-Gouthamchand Jain dated 27.03.2012 and Ex.B2-the Voter's I.D. of Gouthamchand Jain/R2 were marked. 5. On perusal of the entire records including the memorandum of compromise and the power of attorney deeds, I am of the view that absolutely there is nothing to doubt the genuineness of the memorandum of compromise. The said Sarasu also stated categorically that she was in receipt of Demand Draft bearing No.043996 dated 29.03.2012 for a sum of Rs.2,30,000/-(Rupees two lakhs thirty thousand only) in full quit. As such, the compromise is recorded and this Civil Revision Petition is closed, the effect of it is that the E.P shall automatically stand disposed of. No costs. Consequently, connected miscellaneous petition is closed.