CRP.No.2233/2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2022

CORAM:

THE HON'BLE Mr. JUSTICE N.SESHASAYEE

CRP.No.2233 of 2021

& CMP.No.16970 of 2021

E.Shanmugam

... Petitioner

Versus

1.Mr.P.Jaganmohan Rao

2.Mr.K.V.Jankiraman

... Respondents

PRAYER: The Civil Revision Petition is filed under Article 227 of the

Constitution of India, to set aside Judgement and Decree dated 29.01.2020 in

I.A.No.1 of 2019 in O.S.No.5368 of 2016 passed by the learned XIII

Assistant City Civil Judge, Chennai.

For Petitioner

:

R.Ganesh Kumar

For R1

:

K.Rathna Kumar

For R2

:

S.Manimaran

O R D E R

This Revision is preferred against the order dismissing the Revision

petitioner/first defendant's application for condoning the delay of 471 days in

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CRP.No.2233/2022

preferring an application to setaside the exparte decree in a money suit in

O.S.No.5368 of 2016 on the file of XIII Assistant City Civil Judge, Chennai.

2.Notice have been served on the first respondent/plaintiff and the second

respondent/second defendant.

3.During the pendency of the Revision, the parties have settled the matter

outside the Court and both sides have filed a joint compromise memo based

on which, the plaintiff is withdrawing the suit.

4.Both sides have apeared with their respective counsel and their identities

were established.

5.In view of the same, the joint compromise memo is recorded. The suit in

O.S.No.5368 of 2016 on the file of the XIII Assistant City Civil Court,

Chennai itself is therefore called on to the file of this Court and dismissed as

settled out of Court and the plaintiff/first respondent is entitled to receive

refund of Court fee as per law.

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CRP.No.2233/2022

6.In terms of clause B of the compromise, the Revision Petitioner/first

defendant is at liberty to withdraw Rs.50,000/- which he had deposited to the

credit of E.P.No.1936 of 2018.

7.The Civil Revision Petition is dismissed as settled out of Court. No costs.

Consequently, the connected miscellaneous petitions are closed.

28.02.2022

Index : Yes/No

Speaking Order/Non Speaking Order

Tsg/dk

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CRP.No.2233/2022

N.SESHASAYEE, J.,

Tsg/dk

CRP.No.2233 of 2021

28.02.2022

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