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2014 DIGILAW 904 (MAD)

Shardha Prasad v. Uma Girish

2014-04-11

M.JAICHANDREN

body2014
Judgment : 1. This Civil Suit was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, by the order of this Court, dated 19.3.2014. 2. A communication, dated 2.4.2014, of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its Mediation Report, dated 25.3.2014, has been received, and in the said Mediation Report, it is stated as follows:- "Both the parties appeared before the Centre along with their Counsel. Matter has been settled between them as per the terms cited in the Mediation Agreement enclosed. Hence the matter is sent back to the Hon'ble Court." 3. As the parties have arrived at a settlement in terms of the Mediation Agreement, dated 25.3.2014, this civil suit is listed for passing orders in terms of the said Mediation Agreement. 4. The Mediation Agreement, dated 25.3.2014, signed by the parties and the counsels appearing for the plaintiffs and the defendants, reads as follows:- "Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows: 1. The Defendants agree to relinquish all their rights, title possession, in favour of the Plaintiffs in respect of the Plaint schedule properties on receipt of a sum of Rs.2,00,00,000/-(Rupees Two Crores only) towards full and final settlement of the issue. 2. The first Plaintiff agrees to relinquish her 50% share in the residential house at Bangalore morefully described in the Schedule hereunder written in favour of the second defendant Mrs. Subhapriya Jagadish. The first Plaintiff declares that she is the only share holder and there is no claim by others, her legal heirs whom so ever and the second defendant can desire absolute right title and possession on her relinquishment. 3. Both the parties agree that the share of the third Plaintiff, who is a minor shall be retained intact and the first Plaintiff shall continue to be the guardian till the third Plaintiff attain majority. 4. 3. Both the parties agree that the share of the third Plaintiff, who is a minor shall be retained intact and the first Plaintiff shall continue to be the guardian till the third Plaintiff attain majority. 4. The first Plaintiff has handed over a demand draft bearing No.551949, dated 24.03.2014 drawn on City Bank, Anna Salai Branch, Chennai for a sum of Rs.2,00,00,000/-(Rupees Two Crores only) in favour of Mrs.Uma Girish payable at anywhere in India, and the defendants acknowledge the receipt of the same towards full and final settlement of all their shares in the family properties found in the suit schedule in C.S.No.123/2014 on the file of High Court Madras. The defendants agree to share it among themselves. The Plaintiffs henceforth will have absolute right, title and possession in the suit schedule properties. 5. The above said amount of Rs.2,00,00,000/- (Rupees Two Crores Only) has been met by the first Plaintiff on behalf of the other Plaintiffs. 6. Both parties agree that there is no claim against each other in respect of any property and undertake to maintain peace and will not interfere with others right in future. Schedule of Bangalore Property All that piece and parcels of the property bearing Site No.63, in House List No.305/52/1 & 2 situated at Kothamer Village, Uttarahalli Hobli, Bangalore South Taluk, measuring East to West 60 feet, North to South 57 feet, totally measuring 3420 sq. ft, now comes under the limits of Bruhat Bangalore Mahanagara Palike, and bounderies as follows: East by: Ms. Ananda Rao’s property. West by: Road. North by: Shamanna’s property South by: Dr. Kiran Rao’s property at the Sub-Registrar, Kengeri, Bangalore as found in Regd. Document No.13847/1994-95 of Book I, Volume – 1187 pages 153 to 157 dated 22.03.1995." 5. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 25.3.2014, and in terms of the Mediation Report, dated 25.3.2014, before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this suit is decreed, recording the terms of the Mediation Agreement, dated 25.3.2014. The terms of the Mediation Agreement, dated 25.3.2014 and the Mediation Report, dated 25.3.2014, of the Mediation Centre, shall form part of the decree. Connected O.A.No.149 of 2014 is closed. No costs.