Case Note & Summary
The case involves a Civil Revision Petition filed by Gokul Das Mundhra against M/s Tuscana Kryuptos Restaurants Private Limited under Article 227 of the Code of Civil Procedure, 1908. The petition sought to set aside an order dated 24.01.2024 passed by the Learned XXVI Assistant Judge, City Civil Court, Chennai in EA No. 01 of 2023 in EP No. 4293 of 2021 in OS No. 4029 of 2016. During the pendency of the revision, the parties negotiated an amicable settlement. The respondent issued a Demand Draft for Rs. 3,00,000/- in favor of the petitioner, drawn on ICICI Bank dated 17.02.2026, bearing No. 503406, as full and final settlement of all claims. The original demand draft was handed over to the petitioner's counsel. The court recorded the settlement and a Joint Memo of Compromise dated 18.02.2026, countersigned by both counsels. Consequently, the Civil Revision Petition was disposed of, and the execution petition was terminated, recording full satisfaction of the decree. No costs were awarded.
Headnote
A) Civil Procedure - Execution Proceedings - Compromise and Settlement - Code of Civil Procedure, 1908, Article 227 - The revision petitioner challenged an order in execution proceedings. During the pendency of the revision, the parties entered into an amicable settlement, and the respondent issued a demand draft for Rs.3,00,000/- in full and final settlement. The court recorded the settlement and the joint memo of compromise, disposed of the revision, and terminated the execution petition recording full satisfaction of the decree. (Paras 1-2)
Issue of Consideration
Whether the civil revision petition challenging the order in execution proceedings should be allowed or disposed of in light of an amicable settlement between the parties.
Final Decision
The Civil Revision Petition is disposed of recording the settlement and the Joint Memo of Compromise. The execution petition is terminated, recording full satisfaction of the decree. No costs.
Law Points
- Compromise
- Settlement
- Full satisfaction of decree
- Disposal of revision
Case Details
2026 LawText (MAD) (02) 292
For Petitioner: Mr. V. Subramani, For Respondent: Mr. K. Krishnan
M/s Tuscana Kryuptos Restaurants Private Limited, Rep by its Managing Director, Vipin Sachdev
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Nature of Litigation
Civil Revision Petition under Article 227 of CPC challenging an order in execution proceedings.
Remedy Sought
Petitioner sought to set aside the order dated 24.01.2024 in EA No. 01 of 2023 in EP No. 4293 of 2021 in OS No. 4029 of 2016 passed by the XXVI Assistant Judge, City Civil Court, Chennai.
Filing Reason
The petitioner was aggrieved by the order in execution proceedings and filed the revision to challenge it.
Previous Decisions
The order dated 24.01.2024 in EA No. 01 of 2023 in EP No. 4293 of 2021 in OS No. 4029 of 2016 was passed by the XXVI Assistant Judge, City Civil Court, Chennai.
Issues
Whether the revision petition should be allowed or disposed of in view of the settlement between the parties.
Submissions/Arguments
The parties negotiated an amicable settlement and the respondent issued a demand draft for Rs. 3,00,000/- in full and final settlement.
Ratio Decidendi
When parties arrive at an amicable settlement during the pendency of a revision, the court may record the settlement, dispose of the revision, and terminate execution proceedings recording full satisfaction of the decree.
Judgment Excerpts
Pending the revision, the parties have negotiated an amicable settlement.
Today, in full and final settlement of all claims, the respondent has taken out a Demand Draft (DD) in favour of the revision petitioner for a sum of Rs.3,00,000/- issued by ICICI Bank dated 17.02.2026 Bearing No.503406.
Recording the said settlement and also the Joint Memo of Compromise entered into between the petitioner and the respondent which is also countersigned respective counsel on either side and dated 18.02.2026, this Civil Revision Petition is disposed of and consequently, execution petition is also terminated, recording full satisfaction of the decree.
Procedural History
The original suit was OS No. 4029 of 2016. Decree was passed, and execution petition EP No. 4293 of 2021 was filed. In that execution, EA No. 01 of 2023 was filed, which was disposed of by order dated 24.01.2024 by the XXVI Assistant Judge, City Civil Court, Chennai. Aggrieved, the petitioner filed CRP No. 2550 of 2025 under Article 227 of CPC. During the pendency of the revision, the parties settled, leading to the present order.
Acts & Sections
- Code of Civil Procedure, 1908: Article 227
