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2014 DIGILAW 914 (MAD)

K. Raghupathy v. E. Shankar

2014-04-11

M.JAICHANDREN

body2014
Judgment : 1. These Civil Suits were referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, by the order of this Court, dated 10.9.2013. 2. A communication, dated 4.4.2014, of the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, enclosing a copy of its Mediation Report, dated 12.3.2014, has been received, and in the said Mediation Report, it is stated as follows:- "Parties appeared before the Centre along with their Counsel. Parties arrived at an amicable settlement as per the terms in the Mediation Agreement enclosed herewith along with the connected suits in C.S.No.331/2013 and C.S.No.530 of 2013. 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 12.3.2014, these civil suits are listed for passing orders in terms of the said Mediation Agreement. 4. The Mediation Agreement, dated 12.3.2014, signed by the parties and the counsels appearing for the plaintiff and the defendant, 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 Defendant in all the above suits (Mr.Shankar) agreed to vacate the Flat No.4 Block ‘B’, Ragha Flats, New Door No.51, Periyar Padhai, Choolaimedu, Chennai – 94, which property is the subject matter C.S.No.331/2013 on or before 30.06.2014 and to give vacant possession to the Plaintiff (Mr.Raghupathi) without any hindrance or problem. 2. Parties have agreed to get a decree of compromise based on this agreed settlement by filing the same before the 13th Assistant City Civil Court, Chennai, in O.S.No.2183/2013 where in also the Plaintiff and Defendant are the contesting parties. 3. The Plaintiff agreed to withdraw the claims in C.S.Nos.331 & 332/2013 and 530/2013 in view of the settlement. 4. All the original documents shall be returned to the concerned parties, according to the following enumeration: Sl.No. Date Description of the document Concerned Party 1. 10.09.2008 UN-REGISTERED SALE DEED IN FAVOUR OF DEFENDANT DEFENDANT (SHANKAR) 2. 10.10.2011 AGREEMENT OF SALE BETWEEN PLAINTIFF AND DEFENDANT DEFENDANT (SHANKAR) 3. 27.12.2012 UN-REGISTERED SALE DEED DEFENDANT (SHANKAR) 4. 15.06.2011 Promissory Note (Rs.15 Lakhs) DEFENDANT (SHANKAR) 5. 09.07.2011 Promissory Note (Rs.6.5 Lakhs) DEFENDANT (SHANKAR) 6. 22.07.2011 Promissory Note (Rs.12 Lakhs) DEFENDANT (SHANKAR) 7. 29.08.2011 Deed of Deposit of Title Deeds DEFENDANT (SHANKAR) 8. Promissory Note DEFENDANT (SHANKAR) 9. Cheque Eight Nos.1. 10.10.2011 AGREEMENT OF SALE BETWEEN PLAINTIFF AND DEFENDANT DEFENDANT (SHANKAR) 3. 27.12.2012 UN-REGISTERED SALE DEED DEFENDANT (SHANKAR) 4. 15.06.2011 Promissory Note (Rs.15 Lakhs) DEFENDANT (SHANKAR) 5. 09.07.2011 Promissory Note (Rs.6.5 Lakhs) DEFENDANT (SHANKAR) 6. 22.07.2011 Promissory Note (Rs.12 Lakhs) DEFENDANT (SHANKAR) 7. 29.08.2011 Deed of Deposit of Title Deeds DEFENDANT (SHANKAR) 8. Promissory Note DEFENDANT (SHANKAR) 9. Cheque Eight Nos.1. 5736922. 5736933. 5736944. 573695 5. 573696 6. 573697 7. 573698 8. 573699 DEFENDANT (SHANKAR) 5. Both the parties have agreed to co-operate in taking back the original documents deposited in the Hon’ble High Court and to give it to the concerned parties as stated in the column above. 6. Both parties have no more present or future claims with reference to any of the issues involved in the above suits as well as O.S.No.2183/2013 pending before the 13th Assistant, City Civil Court, Chennai.” 5. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 12.3.2013, and in terms of the Mediation Report, dated 12.3.2013, before the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, these suits are decreed, recording the terms of the Mediation Agreement, dated 12.3.2014. The terms of the Mediation Agreement, dated 12.3.2014, and the Mediation Report of the Mediation Centre, dated 12.3.2013, shall form part of the decree. Connected O.A.Nos.355 and 356 of 2013, Application No.2110 of 2013 and Application No.3508 of 2013 are closed.