CRP/2227/2026 of P.Shanmugam Vs Garden City Owners Association on 30 September 2026

COMMON ORDER

These Civil Revision Petitions have been filed under Article 227 of the Constitution of India against the fair and decreetal orders passed in I.A.Nos.4, 6, 5 of 2025 in I.A.Nos.3 and 5 of 2025 in O.S.No.6188 of 2025, dated 18.02.2026, on the file of the learned XII Assistant Judge, City Civil Court, Chennai.

2. During the pendency of these petitions, the parties were referred to the Mediation Centre. A report was received from the Mediation Centre to the effect that the parties have not reached a settlement. Thereafter, better sense prevailed and the parties ultimately reached a settlement through a settlement agreement dated 15.09.2026, signed by both the parties in the presence of witnesses.

3. The relevant clauses in the settlement agreement is extracted hereunder:

1. The Party of the First Part shall engage an independent contractor of his choice to carry out repair works on the common terrace ("Terrace Repair Works") to arrest leakage/ seepage from the terrace into his Flat. The Party of the First Part estimates the cost of the said works to be INR 2.40 lakhs (approx.). The Party of the Second Part covenants to bear 50% of the actual costs of such Terrace Repair Works on production of necessary invoice, capped at a maximum ceiling of INR.1,00,000/- only, and the remaining cost whatsoever shall be solely borne by the Party of the First Part.

2. The Parties mutually agree that the scope of Terrace Repair Works shall only mean any repair works to be executed by such contractor to arrest leakage/ seepage from the common terrace as aforesaid and exclude any works/ repairs that may have to be carried out by the Party of the First Part within his Flat for the said purpose.

3. The Party of the First Part covenants that:

(a) Prior to commencement of the Terrace Repair Works, the Party of the First Part shall arrange a meeting of the contractor of the Party of the First Part with the Office Bearers of the Party of the Second Part as well as the Executive Committee, to explain the scope and methodology of the proposed repairs; (b) The Terrace Repair Works shall be commenced by the contractor of the Party of the First Part on 21.09.2026 and be completed (inclusive of water proofing) within a maximum period of 30 days (i.e. by 20.10.2026); In case of occurrence of any of the following force majeure events viz. heavy rains, flood, storm or Government

Order placing restrictions on execution of works, and for no other reason whatsoever, the work shall stand extended exactly by the actual number of days impacted due to the said delays.

(c) The contractor of the Party of the First Part shall carry out the Terrace Repair Works only above the roof of the Flat of the Party of the First Part, so as to arrest any leakage/ seepage, without damaging any other part of the common terrace/ building structure, and the Party of the First Part agrees to be solely responsible for the damages caused, if any, to any other part of the common terrace / building structure, property or persons; (d) Once the Terrace Repair Works are completed, the contractor of the Party of the First Part shall restore the common terrace to the original position, without any damage and all debris / materials must be cleared; (e)The Party of the First Part shall ensure no undue disturbance is caused to the residents and that the works are executed by his contractor strictly in adherence to the prevailing rules of the Association, including in relation to work timings, storage of materials and debris, usage of lift, cleaning, etc. The Party of the First Part further agrees that, electricity (if need be) required for the said works must be provided from his individual meter / apartment and not from any common areas.

(f) Upon completion of the work and submission of a valid invoice, along with completion certificate, by the contractor, the Party of the Second Part shall pay its agreed/ approved share of actual cost directly to the vendor. The Party of the First Part covenants that, upon execution and completion of the Terrace Repair Works, the Terrace Repair Works shall deem to have been completed to the satisfaction of the Party of the First Part.

4. The Party of the First Part covenants and undertakes that the contractor engaged by him will take all safety and precautionary measures in executing the works, and comply with all statutory and safety norms.

5. The Party of the Second Part covenants that:

(a) Upon completion of the work and submission of a valid invoice by the contractor, along with a copy of the completion certificate in respect of the works undertaken and completed, the Party of the Second Part shall pay its agreed share of the cost (being 50% of the actual costs of such Terrace Repair Works, capped at a maximum ceiling of INR.1,00,000), directly to the vendor within a period of 3 days from the submission of the same.

(b) Subject to Clause 3(e) above, they shall provide the contractor of the Party of the First Part, and any personnel/workmen engaged by him, with unrestricted and uninterrupted access to the terrace portion requiring repair, for the entire duration of the Terrace Repair Works, including for the purposes of inspection, execution of works, and transportation of materials /equipment and debris to and from the terrace: the Party of the Second Part shall extend all necessary support, cooperation, and facilitation required for the due execution of the Terrace Repair Works, including but not limited to:

(a) permitting temporary storage of materials and equipment in a mutually agreed common area, if required; (b) facilitating access to water connections on the terrace, if required for the works; and (c) refraining from any act or omission that would delay, impede, or increase the cost of the Terrace Repair Works. The Parties agree that the said works shall be executed only between 9 a.m. and 6 p.m. between Mondays and Saturdays, and no works shall be executed on Sundays and public holidays.

6. Pursuant to this Agreement, the Party of the First Part shall neither attribute any responsibility for any leakage/seepage in the Flat of the Party of the First Part to the Party of the Second Part nor shall the Party of the Second Part be obligated to incur/share any further costs for Terrace Repair Works.

7. The Party of the First Part agrees to take full responsibility for the quality of the proposed Terrace Repair Works and shall not raise any further dispute/ grievance in respect of the said issue (i.e. leakage/ seepage) with the Party of the Second Part in future.

8. Both Parties hereby covenant and agree that their acceptance of and agreement to the aforesaid terms of settlement shall not, in any manner, be construed as an admission, acknowledgment, or acceptance of any of the allegations, accusations, claims, or contentions raised or made by either Party against the other. The aforesaid settlement is being entered into solely and exclusively for the purpose of achieving a

full and final settlement of all disputes between the Parties and to bring the pending issues to a quietus.

9. The Party of the First Part further agrees to clear the outstanding dues of Rs.1,10,000/- payable towards the painting project of Garden City Apartments, without any further delay, and in any event within a period of seven (7) business days from the date of executing this Settlement Agreement. All penalties imposed/ interest payable by the Party of the First Part stands waived by the Party of the Second Part.

10. Immediately upon execution of this Agreement, and in any event within a period of not more than seven (7) working days therefrom, the Party of the First Part agrees to take steps unconditionally and unequivocally withdraw all legal proceedings initiated by him against the Party of the Second Part and its office bearers (more fully set out in Recitals C and D above]. The Party of the First Part recognises that this Agreement between the Parties herein shall also cover/ protect the other Defendants i.e. Defendants No. 2 to 5 in the suit proceedings.

11. This Agreement is a compromise of disputed matter and both the Parties agreed to strictly abide by the terms of this Agreement. This Agreement was the result of a negotiated settlement and may not be construed as having been prepared by any one party.

12. The Parties hereto have amicably settled their dispute in the manner stated above from out of their free will and volition and without any coercion, undue influence, misrepresentation or duress. This Agreement is intended to bind and benefit the Parties, their heirs, agents, legal representatives, assigns and successors.

13. Each of the Parties represents and warrants that this Settlement Agreement constitutes its legally valid and binding obligation and that both the parties have full power and authority to enter into and perform and has taken all necessary action to authorize its entry into, execution of and performance of this Settlement Agreement.

14. Both the Parties have categorically and unequivocally agreed to treat this Agreement as final, and shall have the status and effect of a decree.

15. Each Party agrees to cooperate with the other Party to give full effect to the settlement in word and spirit as agreed under this Settlement Agreement. The Parties hereto acknowledge that this Settlement Agreement constitutes the final and entire agreement between the Parties and shall supersede all previous agreements, communications, either oral or written, between the Parties hereof with respect to the subject matter herein.

16. Each Party will bear its own legal and other costs that may have been incurred in connection with the negotiation and preparation of this Settlement Agreement.

17. Upon execution of this Agreement, the Party of the First Part, all disputes arising out of the Terrace Repair Works and culminating in the legal proceedings referred to in Recitals C and D herein above shall stand fully settled, satisfied and discharged and the Party of the First Part undertakes not to raise the said disputes in future by means of any other legal proceedings.

18. The Parties covenant and agree that this Settlement Agreement shall be filed and recorded in the C.R.P. (PD) No.2227 of 2026, C.R.P. (PD) No.2243 of 2026 and C.R.P. (PD) No.2288 of 2026 (CRPs"), on the file of the Madras High Court, and in light of this settlement the said proceedings shall be closed. Further the Party of the first Part undertakes to withdraw the Civil Suit filed by him in O.S. No. 6188 of 2025,on the file of the XII Assistant City Civil Court, Chennai, as Settled out of Court in the next hearing.

19. The Parties acknowledge that the Party of the First Part is entitled to full refund of the Court Fee paid, by virtue of this matter being settled out of Court.

3. These Civil Revision Petitions are disposed of in the light of the above settlement agreement dated 15.09.2026. In view of the same, the petitioner/plaintiff shall withdraw the suit filed in OS.No.6188 of 2025, pending on the file of XII Assistant City Civil Court, Chennai as settled out of Court.

4. In the result, all the Civil Revision Petitions are disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed. 30-09-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp

To XII Assistant Judge, City Civil Court, Chennai

N.ANAND VENKATESH J. kp CRP No. 2227 of 2026, CRP No. 2288 of 2026 and CRP No. 2243 of 2026 30-09-2026