JUDGMENT : M. Sundar, J. (Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree passed in O.S.No.38 of 2015 dated 14.03.2017 on the file of the Court of Principal District Munsif, Thiruvarur.) 1. This judgment will now dispose of the captioned appeal i.e., A.S.No.352 of 2017. 2. This judgment has to be read in conjunction with and in continuation of earlier proceedings made in the captioned appeal in the listing on 22.01.2024, which reads as follows: 'Mr.A.Muthukumar, learned counsel on record for the two appellants and Mr.A.Arunbabu, learned counsel for sole respondent are before us. 2. Aforementioned both learned counsel submit that captioned appeal arises out of a partition suit amongst co- parceners. Both learned counsel submit that elements of settlement exist and it would be desirable to explore the possibility of settlement by resorting to mediation. Both learned counsel submit on instructions that considering the age of the parties it would be desirable to refer the matter to District Mediation Centre in the Thiruvarur District Court. Request acceded to. 3. Registry to transmit requisite papers and let the captioned matter be listed before the District Alternate Disputes Resolution Centre for mediation in Thiruvarur District on 01.02.2024 at 03.00 p.m.. Both sides submit that their respective parties will go before the Mediation Centre without insisting on a separate hearing notice. We request the District Mediation Centre, Thiruvarur to send a report to this Court in four weeks from the first sitting i.e., by 29.02.2024. 3. List on 04.03.2024.' 3. Mr.A.Muthukumar, learned counsel on record for two appellants is before us on the 'VC' ['Videoconferencing'] platform and Mr.A.Arunbabu, learned counsel on record for sole respondent is before us in the physical Court. To be noted, this is a hybrid hearing which is a regular/routine/daily feature in this Court. 4. Be that as it may, adverting to aforementioned proceedings made in the earlier listing on 22.01.2024 aforementioned both counsel submit that all the parties went before District Mediation Centre, Tiruvarur, sittings were held in the period between 01.02.2024 and 23.02.2024 and a settlement has been arrived at. 5. We perused the case file. We find that there is a report dated 23.02.2024 bearing reference D.No.52/2024 from the 'District Mediation Centre, Tiruvarur-610 004' [hereinafter 'said Mediation Centre' for the sake of convenience] and a scanned reproduction of the same is as follows: 6.
5. We perused the case file. We find that there is a report dated 23.02.2024 bearing reference D.No.52/2024 from the 'District Mediation Centre, Tiruvarur-610 004' [hereinafter 'said Mediation Centre' for the sake of convenience] and a scanned reproduction of the same is as follows: 6. Under cover of the aforementioned communication from said Mediation Centre, a Mediation Report dated 23.02.2024 from said Mediation Centre has been enclosed and a scanned reproduction of the same is as follows: 7. The mediation report in turn has Mediation Session notes and a settlement agreement dated 23.02.2024. A scanned reproduction of this mediation sessions notes (Form 4) and the settlement agreement dated 23.02.2024 are as follows: 8. Adverting to aforementioned communication, mediation report, mediation session notes and settlement agreement dated 23.02.2024, Mr.A.Muthukumar and Mr.A.Arunbabu, learned counsel on both sides, request that a consent compromise final decree in terms of the aforementioned settlement agreement dated 23.02.2024 may please be made. 9. As regards the presence of the parties, as already alluded to supra, there are two appellants [plaintiffs 2 and 3 in the trial Court] {to be noted, first plaintiff died} and one respondent. Both the aforementioned learned counsel submit that all three parties, two appellants and sole respondent were present before said Mediation Centre and they have also signed aforementioned settlement agreement dated 23.02.2024 in the presence of one another and in the presence of their respective counsel. 10. Furthermore, both learned counsel submit that the presence of the parties for making the compromise decree may please be dispensed with considering the advanced age of the parties. 11. Considering the facts and circumstances of the case, nature of the matter and the manner in which the parties are circumstanced, the aforementioned request for dispensing with presence of the parties is acceded to on the peculiar facts and circumstances of this case making it clear that this will not serve as a precedent in all cases. 12. In the light of the narrative thus far, captioned main appeal i.e., A.S.No.352 of 2017 will now stand disposed of in terms of a compromise final decree which in turn will be in terms of settlement agreement dated 23.02.2024 (scanned and reproduced supra) and which will also form part of the consent compromise final decree. 13. Captioned first appeal disposed of vide a compromise /consent judgment and final decree in the aforesaid manner.
13. Captioned first appeal disposed of vide a compromise /consent judgment and final decree in the aforesaid manner. There shall be no order as to costs.