Asalambal v. Thulasidas Chettiar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-03-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRP No.882 of 2021 and CMP No.7237 of 2021 1.Mrs.Asalambal 2.Mrs.Rani 3.Mrs.Jayalakshmi 4.Mrs.Suganthy ... Petitioners vs 1.Thulasidas Chettiar Dhanabaghyam (late) 2.Ramasamy 3.Dharmalingam 4.Adhisivam ... Respondents Civil Revision Petitions filed under Article 227 of the Constitution of India against the fair and decreetal order in I.A.No.592 of 2018 in O.S.No.18 of 2008 on the file of II Additional District Munsif, Virudhachalam, dated 15.03.2019.

For Petitioners:

Mr.G.Surya Narayanan For Respondents: Mr.J.Antony Jesus 1/6

O RDER The Civil Revision Petition has been filed against the fair and decreetal order in I.A.No.592 of 2018 in O.S.No.18 of 2008 on the file of II Additional District Munsif, Virudhachalam, dated 15.03.2019.

2. When the matter is taken up today, learned counsel for the petitioners would submit that pending the Civil Revision Petition, the petitioners have paid an amount of Rs.1,10,000/-(Rupees One Lakh Ten Thousand Only) to the first respondent/decree holder towards full satisfaction of the decree amount in O.S.No.18 of 2008 on the file of District Munsif Court, Virudhachalam and the first respondent/decree holder has also acknowledged the receipt of the same and both the counsels submit that the Civil Revision Petition may be disposed of on the terms of compromise entered into between the parties. The Memo of Compromise entered into between the parties reads as under: MEMO OF COMPROMISE

1. The petitioner states that a preliminary decree in suit for foreclosure of mortgage and directed a sum of Rs.83,200/- (Rupees Eighty Three Thousand Two Hundred only) being the suit claim to be paid to the Respondent herein in 2/6

O.S.No.18 of 2008 and the decree dated 23.01.2009.

2. The Respondent filed I.A.No.116 of 2019 to condone the delay of 1317 days in filing the final decree application the trial Court allowed it against which the present CRP has been filed.

3. The Petitioner states that the parties had agreed to settle the issue whereby the Petitioner and Respondent had agreed i. That the Petitioner shall pay Rs.1,10,000/-(Rupees One Lakh Ten Thousand Only) as full and final settlement to the respondent.

ii. The Petitioner has paid Rs.20,000/-(Rupees Twenty Thousand Only) initially towards the settlement process which the Respondent has accepted and acknowledged the receipt.

iii. The Petitioner has to pay balance of Rs.90,000/-(Rupees Ninety Thousand Only) within 6 months from the date of recording of compromise before this Court.

iv. In the view of the compromise, if the petitioner fails to pay the balance Rs.90,000/-(Rupees Ninety Thousand) within the time agreed too herein, the Respondent shall be entitled to recover the decree amount of Rs.94,736/-(Rupees Ninety Four Thousand Seven Hundred and Thirty Six Rupees Only) with interest however excluding the interest for 1911 days. 3/6

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A.D.JAGADISH CHANDIRA,J., sr

4. Both the parties acknowledge and accept this compromise and prays this Hon'ble Court to pass order in C.R.P.No.882 of 2021 in terms of compromise.

Dated at Chennai on this 12 day of August 2024."

3. The Civil Revision Petition is disposed of on the terms of the Memo of Compromise. The Memo of Compromise shall form part of the records. No costs. Consequently, connected miscellaneous petition is closed. 07.03.2025 sr Index:yes/no Website:yes/no To The II Additional District Munsif, Virudhachalam. CRP No.882 of 2021 and CMP No.7237 of 2021 5/6

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