Though this Transfer Petition has been filed seeking transfer of applications seeking to set aside the ex-parte order in E.P.No.31 of 2011, considering the relationship between the parties, the parties were directed to explore the possibility of an amicable settlement between them.
2.Pursuant to the same, the parties have reached a settlement and they have also filed a compromise memo. The first respondent/Decree- Holder/Petitioner in E.P.No.31 of 2011 as well as the Petitioner, who is appearing as party-in-person have filed a compromise memo, wherein, it is stated that the Petitioner has paid 1/9th share of the first respondent/Decree-holder, for the portion of the property measuring about 355 sq.ft, which forms part of Item No.23 in the Execution Petition, which is in possession of the Petitioner. A plan has been produced showing the said portion which is under the occupation of the Petitioner marked in red colour. The first respondent/Decree-holder agreed to withdraw the Execution Petition with reference to the said 355 sq.ft southern portion of the property described as Item No.23 in the Execution Petition and the same is shown in red colour in the plan.
3.In view of the above compromise, E.P.No.31 of 2011 will stand dismissed, in respect of southern portion of Item No.23, which is shown in the red colour in the plan annexed with the compromise. The Executing Court shall proceed with the execution of the decree in E.P.No.31 of 2011 with reference to other properties and dispose of the same, on or before 30.09.2017.
4.The Transfer Civil Miscellaneous Petition is ordered accordingly. The Compromise memo as well as the plan shall form part of the order. Consequently, connected Civil Miscellaneous Petitions are closed. No costs.
To The District Munsif, Virudhunagar..