C.R.P.(MD)NO. 1534 of 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

( Civil Appellate Jurisdiction )

Monday, the Thirty First day of January Two Thousand Twenty Two

PRESENT

The Hon`ble Ms.Justice P.T.ASHA

C.R.P.(MD)NO. 1534 of 2017

SARAVANAN VEERABAHU

S/O.V. VISWANATHAN EAST STREET THEROOR

THEOOR PO AGASTEESWARAM TALUK KANYAKUMARI

DISTRICT.

... Petitioner/Respondnet/Respondent

Vs

G. THANGAMMAL

D/O.GANESAN 89/1 SOUTH JEGANATHAN NAGAR

1ST MAIN ROAD VILLIVAKKAM CHENNAI-49.

... Respondent/Petitioner/Petitioner

Prayer :-

Civil Revision Petition filed Under Article 227 of CPC, to

set aside the Fair and Decreetal order dated 04/11/2016 passed in

E.P.NO114 of 2014 in O.P.NO 3533 of 2010 on the file of the 1^st

Additional Subordiante Court, Nagercoil.

Decree:- This Civil Revision Petiton is coming on for hearing on

this day, upon perusing the Civil Revision petition, the order of

the court below and the material papers of the Revision Petition and

upon hering the arguments of Mr. M.P. Senthil, Advocate for the

Petitioner and Mr.D.Nallathambi, Advacate for the Respondent, and

the parties having settled their diffenences between themselves, and

the petitioner as well as the respondent having filed the joing

compromise memo before this court signed by both the parties and

thier counsels, and this court while recording the said compromise

memo, doth order and decree as follows:-

(a)] That the petitioner instead of paying Rs.4,00,000/- (Rupees

Four Lakhs only) towards permanent alimony to the respondent, shall

settle the property as described in schedule-I of the compromise

memo filed herein in favour of the respondent.

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C.R.P.(MD)NO. 1534 of 2017

(b) that the respondent shall accept the property which is described

as schedule-I of the compromise memo filed in herein lieu of the

permanent alimony granted by virtue of the order passed in

F.C.O.P.No.3533 of 2010 dated 05.01.2011 on the file of the

Principal Family Court Judge at chennai.

(C) that the view of settlement to be made by the petitioner to

the Resondent in respect of 1^st schedule property, the respondent

shall agree to set aside the order passed in E.P.NO114 OF 2014 in

O.P.NO 3533 of 2010 on the file of 1^st Additional Sub court,

Nagarcoil.

(d) that, the respondent shall not make any claim in future by way

of maintenance or alimony or any property or monetary claim aginst

the petitioner and she shall accepte the above settlement as full

and final.

(e) that, the petitioner and the respondent, shall partition the

property jointly purchased by them under sale deed dated 02.06.1995

which is described as 2^nd schedule herein.

(f) that, the petitioner shall settle the property as described the

1^st schedule in favour of the respondent on or before 16.02.2022. On

the day of execution of settlement itself, both parties shall also

enter into the partition deed in respect of the 2^nd schedule.

(g) that, both the petitioner and the respondent shall cooperate

with the process of execution of documents as well as registartion

by intimating each through e-mail (thangamgannesh@gmail.com and

veerabahu2@gmail.com) and registred post prior to 10 days before the

date of execution which shall not be beyond 16.02.2022.

(h) that, the entire expenses for execution of both the settlement

deed and partition deed i.e. including for purchase of stamp papers,

registration charges and all other miscellaneous expenses shall be

borne by the petitioner and the respondent in equal half.

(i) that in case either of the parties proposes to sell their half

share in respect of the 2nd schedule property in future, both of

them shall have first priority to purcha