JUDGMENT :

(Prayer: Judge’s Summons filed under Order XIV Rule 8 of the Original Side Rules of this Court, read with Section 151 of the Code of Civil Procedure (CPC) and this application is filed praying to direct the parties to submit a final settlement/memorandum of compromise pursuant to and within the framework of the terms of the draft settlement dated 08.02.2020 signed before the Hon’ble Mediator.)

1. This application is filed praying to direct the parties to submit a final settlement/memorandum of compromise pursuant to and within the framework of the terms of the draft settlement dated 08.02.2020 signed before the Hon’ble Mediator.

2. The applicants are the plaintiffs. The respondents are the defendants in the suit. The suit has been filed for the following reliefs:

(i) to set aside the registered settlement deed, dated 09.02.2017, vide Doc.No.338 of 2017 on the file of the SRO, Mylapore, as illegal, void and not binding on the plaintiff, as the plaintiff is the absolute owner of the suit ‘A’ schedule property; consequentially, to direct the defendants to deliver vacant possession of the suit ‘A’ schedule property to the plaintiff;

(ii) to direct the defendants to pay a sum of Rs.66,62,124/- being the damages for use and occupation of suit ‘A’ schedule property from May 2017 to October 2018 and continue to pay a sum of Rs.3,70,118/- per month till the date of delivery of vacant possession of Suit ‘A’ schedule property to the plaintiff;

(iii) to set aside the Registered Settlement Deed, dated 06.02.2017, vide Doc.No.701 of 2017 on the file of SRO, Pallavaram as illegal, void and not binding on the plaintiff as the plaintiff is the absolute owner of the suit ‘B’ schedule property; consequentially, to direct the defendant Nos.1 and 2 to deliver vacant possession of the suit ‘B’ schedule property to the plaintiff;

(iv) to set aside the transfer of Registration Certificate in respect of suit ‘C’ schedule vehicles as illegal, void and not binding on the plaintiff as the plaintiff is the absolute owner of the suit ‘C’ schedule property, and consequently, grant a decree for mandatory injunction to direct the defendant Nos.1 and 2 to execute necessary transfer forms to transfer the Registration Certificate in respect to suit ‘C’ schedule vehicles in favour of the plaintiff;

(v) to direct the defendant Nos.1 and 2 to pay a sum of Rs.2,52,74,593.11 bring the amount payable to the plaintiff together with interest at 18% per annum from the date of suit till the realisation of the said amount from defendant Nos.1 and 2;

(vi) to grant a decree for permanent injunction restraining the defendant No.1 and her men, agent, or any other person claiming under her in any manner whatsoever in alienating, encumbering and/or inter-meddling in the suit A, B and C schedule properties by way of mortgage, sale, lease, etc., and

(vii) for costs of the proceedings.

3. During the pendency of the above suit, it transpired that the contesting parties have agreed to go before a Mediator in order to settle among themselves amicably on the subject matter of “lis” in the suit. In this regard, the parties have suggested the name of a former Judge of the Punjab and Haryana High Court, Mr. Justice K.Kannan. In August 2019, the matter was referred before the Honourable retired Judge for the conduct of mediation between the parties. This fact is also reflected in one of the proceedings recorded by the learned Judge of this Court on 02.08.20219.

4. It further transpired from the records that the Honourable Judge/Mediator conducted mediation between the contesting parties and a settlement appeared to have been reached between them. The Judge Mediator has also drawn the Minutes of the draft settlement between the parties on 08.02.2020. As the draft settlement has been drawn in pursuance of the mediation conducted under the aegis of this Court in terms of the Tamil Nadu Mediation Rules, 2010, the relief in the nature of a ‘decree’ in terms of the draft settlement dated 08.02.2