[Judgment of the Court was delivered by M.M.SUNDRESH, J.] The Appeal Suit has been filed against the Judgment and Decree dated 12.02.2013 made in O.S.No.181 of 2010 on the file of IV Additional District Judge, Madurai.
2. Heard Mr.J.Janarthanam, learned counsel appearing for the appellant and Mr.H.Arumugam, learned counsel appearing for the first respondent and Mr.G.Prabhu Rajadurai, learned counsel appearing for the second respondent.
3. The learned counsel for the appellants in A.S.(MD)No.79 of 2013 sought permission of this Court to withdraw the said appeal. Accordingly, the said appeal was dismissed as withdrawn.
4. The suit in O.S.No.181 of 2010 has been filed for the following relief:
Suit for, declaration that the unilateral Cancellation of settlement deeds 1) dated 06.07.2010 bearing document No.7900 of 2010, 2) dated 06.07.2010 bearing document no.7901 of 2010, 3) dated 09.08.2010 bearing document NO.2854 of 2010 4) and settlement deed dated 10.08.2010 bearing document No.9356 of 2010, at the office of Sub Registrar, Madurai as null and void and not binding on the plaintiff, for permanent injunction restraining the defendants or their men or any one acting on behalf of the defendants herein from in any way interfering with the peaceful possession and enjoyment of the suit properties.
And for permanent injunction restraining the defendants herein from alienating or encumbering the first defendant's share in suit properties from in any manner.
And for cost of the suit.
5.The suit after adjudication was decreed, against which, the appellant being the defendant filed the present appeal.
6. The matter is taken up for hearing today. A compromise petition has been filed by the parties under order 23 Rule 3 of the Civil Procedure Code. It was duly signed by them and attested by the respective learned counsel. The parties are also present before this Court. Though the compromise petition was filed by the power agent of the respondent, it is seen that the respondent also signed in the compromise petition. We also enquired the parties, who spoke in tune with the compromise petition filed.
7.The operative portion of the compromise petition reads as follows:
?1. The respondent hereby ratifies the execution of registered settlement cancellation deed dated 06.07.2010 by the first petitioner / first appellant registered as document number 7900 of 2010 before the Joint Sub Registrar No.4, Madurai in respect of item 1 of the schedule of properties;
2. The respondent had also executed a registered ratification deed dated 01.08.2016 in favour of the first petitioner / first appellant registered as document number 7588 of 2016 before the Joint Sub Registrar No.4, Madurai ratifying the registered as document number 7900 of 2010 before the Joint Sub Registrar No.4 Madurai in respect of item 1 of the schedule of properties;
3. The respondent hereby ratifies the execution of registered settlement cancellation deed dated 06.07.2010 by the first petitioner / first appellant registered as document number 7901 of 2010 before the Joint Sub Registrar No.4, Madurai in respect of item 2 of the schedule of properties;
4. The respondent had also executed a registered ratification deed dated 01.08.2016 in favour of the first petitioner / first appellant registered as document number 7587 of 2016 before the Joint Sub Registrar No.4, Madurai ratifying the registered settlement cancellation deed dated 06.07.2010 registered as document number 7901 of 2010 before the Joint Sub Registrar No.4, Madurai in respect of item 2 of the schedule of properties;
5. The respondent hereby ratifies the execution of registered settlement cancellation deed dated 09.08.2016 by the first petitioner / first appellant registered as document number 2854 of 2010 before the Sub Registrar, Arasaradi in respect of item 3 of the schedule of properties;
6. The respondent hereby ratifies the execution of registered settlement cancellation deed dated 12.04.2012 by the third petitioner / third appellant registered as document number 4682 of 2012 before the Joint Sub Registrar No.4, Madurai in respect of item 1 of the schedule of properties;
7. The respondent had also executed a registered ratification deed dated 01.08.2016 in favour of the third petitioner / third appellant registered as document number 7586 of 2016 before the Joint Sub Registrar No.4, Madurai ratifying the registered settlement cancellation deed dated 12.04.2012 registered as document number 4682 of 2012 before the Joint Sub Registrar No.4, Madurai in respect of item 1 of the schedule of properties;
8. The petitioners / appellants and the respondent agree that the registered settlement deed dated 10.08.2010 bearing document number 9356 of 2010 at the office of the Joint Sub Registrar No.4, Madurai executed by the first petitioner / first appellant in favour of the second petitioner / second appellant is null and void;
9. The petitioners / appellants and the respondent agree that the item 2 of the schedule of properties with the building with three floors constructed thereon absolutely belonged to the petitioners / appellants and that the first petitioner / first appellant is entitled to be in possession, enjoyment and occupation of first floor of the building; that the third petitioner / third appellant is entitled to be in possession, enjoyment and occupation of ground floor of the building and that the fourth petitioner / fourth appellant is entitled to be in possession, enjoyment and occupation of the second floor of the building;
10. The petitioners / appellants and the respondent agree that the respondent do not have any right, interest or title over item 2 of the schedule of properties;
11. The petitioners / appellants and the respondent hereby agree that the item 2 of the schedule of properties absolutely belonged to the respondent;
12. The petitioners / appellants and the respondent hereby agree that the petitioners / appellants do not have any right, interest or title over item 3 of the schedule of properties;
13.The petitioners / appellants and the respondent hereby agree that in the item 1 of the schedule of properties measuring 88 cents, after leaving space for formation of road, an extent of the site measuring 150 feet north to south and 220 feet east to west is available; that out of it, the site on the eastern side measuring 150 feet north to south and 80 feet east to west absolutely belonged to the petitioners 1,3 and 4 / appellants 1,3 and 4 and the remaining site on the western side measuring 150 feet north to south and 140 feet east to west absolutely belonged to the respondent;
14. The petitioners / appellants and the respondent hereby agree that the petitioners / appellants do not have any right, interest or title over the western portion of the item 1 of the schedule of properties measuring 150 feet north to south and 140 feet east to west and the respondent do not have any right, interest or title over the eastern portion of item 1 of the schedule of properties measuring 150 feet north to south south and 80 feet east to west;
15. The petitioners / appellants and the respondent hereby agree that the three rough sketches drawn in respect of the three schedule of properties shall form part of this compromise petition;
16. The compromise decree passed in terms of this compromise petition along with the annexed sketches shall be registered by the Joint Sub Registrar No.4, Madurai.
8. Accordingly, the appeal stands allowed in terms of the compromise petition. No costs. The compromise memo shall form part of the decree.
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