Mrs.Aishwarya Umesh v. Mr.Abdul Mujeed Meera Sahib
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2025 CORAM :
THE HONOURABLE MR.JUSTICE P.DHANABAL A. NoS.1756 and 1757 of 2025 Aishwarya Umesh W/o. Umesh Gandhi ... Applicant / Third Party [Common in both applications] vs.
1. Abdul Mujeed Meera Sahib S/o. Meera Sahib ... 1st Respondent / Decree Holder / Plaintiff [Common in both applications]
2. Shaik Abdullah S/o. Nainan Muhammed ... 2nd Respondent / Judgment Debtor / Defendant [Common in both applications] PRAYER in A. No.1756 of 2025 in E.P. No.20 of 2023: Application filed under Order XIV, Rule 8 of Original Side Rules read with Section 151 of Civil Procedure Code praying to permit the petitioner to purchase the said property by paying or depositing the total sale consideration of Rs.35,00,000/- Page No.1 of 6
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PRAYER in A. No.1757 of 2025 in E.P. No.20 of 2023: Application filed under Order XIV, Rule 8 of Original Side Rules read with Order XXI Rule 58 of Civil Procedure Code praying to raise the attachment order dated 18.01.2024 passed in E.P. No.20 of 2023 by this Court in so far it relates to shop at "Ozone Group Greens' G Block, No.G-116, First Floor, Perumbakkam - Jalladianpet Joint Road, Jalladianpet, Chennai - 600 100, Sholinganallur Taluk.
[Common in both applications] For Applicant :
Mr. R. Kalai Kumar For Respondents :
Ms. A. Shabnam Banu [for R1] Mr. L. Murali Krishnan [for R2] COMMON ORDER Today when the matter is taken up for hearing, all the parties along with their respective counsels present before this Court and filed a Joint Compromise Memo.
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2. As per the Joint Compromise Memo, the applicant is intended to purchase the 'B' Schedule property from the 2nd respondent / Judgment Debtor for a sum of Rs.45 lakhs (Rupees Forty-Five Lakhs only). The above said entire sale proceeds have to be paid to the 1st resondent / Decree holder, at the time of execution of sale deed. Already the applicant / Third party namely Aishwarya Umesh W/o. Umesh Gandhi has taken the Demand Draft in favour of the 1st respondent / Decree Holder for a sum of Rs.45 lakhs and the same has to be handed over to the 1st respondent / Decree Holder at the time of execution of sale deed in favour of the applicant by the 2nd respondent. Since 'B' Schedule property was already attached by the order of this Court, they are unable to execute sale deed. Therefore, now all the parties entered into a settlement and the 1st respondent also has no objection to raise the attachment in respect of 'B' Schedule propert, since the 2nd respondent / Judgment Debtor is ready to pay the above said sale proceeds to the 1st respondent.
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3. This Court also perused the records including the Joint Compromise memo.
4. Considering the reliefs sought for by the applicant and the terms of compromise, this Court is inclined to record the compromise and accordingly, the compromise is recorded. The attachment order passed by this Court in respect of 'B' Schedule property is ordered to be raised.
5. The Registry is also directed to take appropriate steps to communicate the order of this Court in respect of raising the attachment to the concerned authorities, without any delay, as per procedure. 08.09.2025 [1/2] Index :
Yes/No Speaking Order :
Yes/No mjs NOTE: ISSUE TODAY [08.09.2025] Page No.4 of 6
P.DHANABAL.,J mjs A. NoS.1756 and 1757 of 2025 Page No.5 of 6
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