Mahindra World City Developers Limited v. Malleshwari
2023-02-07
S.M.SUBRAMANIAM
body2023
DigiLaw.ai
ORDER : Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to issue appropriate directions to the IVth Additional Judge at Ponneri to emergently pass order in I.A. No. 416 of 2023 and record the compromise in O.S. No. 553 of 2022 before the IVth Additional Judge at Ponneri and passing a partial judgment and decree. 1. The Civil Revision Petition has been filed under Article 227 of the Constitution of India to issue appropriate direction to the IVth Additional Court, Ponneri to pass an order in I.A. No. 416 of 2023 and record the compromise in O.S. No. 553 of 2022. 2. The learned Senior Counsel appearing on behalf of the revision petitioners mainly contended that the learned IVth Additional Judge at Ponneri is continuously not sitting on account of leave. No in-charge Judge has been posted to call the urgent cases pending before the IVth Additional Court at Ponneri. 3. The learned Senior counsel appearing on behalf of the revision petitioners contended that huge amount has been invested by the revision petitioners and the issues are compromised between the parties and delay in recording the compromise would cause prejudice to their interest as the plaintiffs in the suit instituted in O.S. No. 553 of 2022 had already received the Gift Deed executed by the revision petitioners in Document No. 589 of 2023 on the file of the Sub-Registrar, Gummidipoondi. 4. When the revision petitioners had already executed Gift Deed in favour of the plaintiffs, any delay would cause unnecessary complications between the parties and thus, the revision petitioners have chosen to file the present revision petition for the purpose of issuing direction to the IVth Additional Judge at Ponneri to record compromise. 5. This Court thought fit to direct the parties to be present for the purpose of recording compromise, since issuing a direction again would cause further delay and more so, the grievance of revision petitioners is that the compromise is to be recorded as the parties had already agreed the terms and conditions and more so, the documents are also registered in favour of the plaintiffs. 6.
6. Taking note of the facts and circumstances, this Court thought fit that the compromise is to be recorded before this Court by invoking the powers under Article 226 of the Constitution of India, since the learned Judge in that particular Court is on leave for a continuous period. The memo of compromise entered into between the plaintiffs and the defendants 7 and 8 in O.S. No. 553 of 2022 is recorded as under: 7. Three plaintiffs namely Smt. Malleswari, Smt. Mala, Smt. Ashoka are present before this Court today and affirmed the compromise. 8. The learned counsel appearing on behalf of the plaintiffs also reiterated that the Gift Deed executed by the revision petitioners have already been received. 9. That being the factum, the Suit instituted in O.S. No. 553 of 2022 stands disposed of between the plaintiffs and the revision petitioners/defendants 7 and 8 in O.S. No. 553 of 2022 in terms of the memo of compromise entered between the parties on 2nd February 2023. 10. Accordingly, this Civil Revision Petition stands disposed of. No costs.