Madras High CourtAS/603/2024disposed of in memo of compromise

Syed Kasim v. Ms. M.S.Devinavasakthi

2025-11-06Honourable Dr Justice G. Jayachandran,Honourable Mr.Justice Mummineni Sudheer Kumar4 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 06-11-2025

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR APPEAL SUIT No.603 of 2024 Syed Kasim ...

Appellant -vs1.M.S.Devinavasakthi 2.Gathareeswari 3.M.S.Gowreeswari 4.Saktheeswari ...

Respondents Appeal against the judgment and decree, dated 24.04.2023, passed in O.S.No.3960 of 2019, on the file of XVI Additional Judge, City Civil Court, Chennai. For Appellant : Mr.R.Abdul Mubeen For Respondents : Mr.A.G.Prabhu Kumar

JUDGMENT

(By Dr.G.Jayachandran,J.) Today, the parties have filed a Joint Memo of Compromise, duly signed by the parties and their respective counsel, the terms of which read as below :

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1. The respondents in this appeal have handed over original Title Deeds pertaining to the suit property to the appellant herein on the date of execution of the Sale Agreement dated 25.02.2015.

2. The appellant has agreed to receive a total sum of Rs.45,00,000/- (Rupees Forty Five Lakhs only) from the respondents as full quit and the respondents have consented for the same.

3. The respondents shall locate a buyer (third party) and sell the suit property within a stipulated period of 5 months from today, enabling to repay the agreed amount to the appellant.

4. The appellant shall co-operate with the respondents to sell the suit property and return the title deeds at the time of selling the suit property on receiving the agreed amount of Rs.45,00,000/- (Rupees Forty Five Lakhs only) in full quit from the respondents. If the intending buyer wants to verify the original Title Deeds, the appellant shall permit the buyer to inspect and verify the title deeds.

5. If the suit property is not sold by the respondents within 5 months and the agreed amount of Rs.45,00,000/- (Rupees Forty Five Lakhs only) not paid by the respondents to the appellant, the appellant is entitled to claim interest at rate of 6% P.A. for the above said sum of Rs.45,00,000/- (Rupees Forty Five Lakhs only) from 06.04.2026 onwards till the payment of the above said amount.''

2. From the terms of Joint Memo of Compromise, it appears that the parties have to complete the commitment within a period of five months from today, and, if there is any failure, the appellant will be entitled for recovery of Rs.45,00,000/- (Rupees

3/4 Forty Five Lakhs only) with interest at 6% per annum from 06.04.2026 onwards till the date of payment. Date for compliance of the Compromise is fixed as 06.04.2026.

3. The terms of Joint Memo of Compromise are recorded. To enable the buyer(s), the appellant shall allow the parties to inspect the original documents, as and when required.

4. Appeal Suit is disposed of accordingly. No costs. Consequently, the connected C.M.P.No.17783 of 2025 is closed.

5. List the matter in second week of April,2026, for reporting compliance. (DR.G.J.,J.) (M.S.K.,J.) 06-11-2025 Index : Yes / No Internet : Yes / No dixit To 1.XVI Additional Judge, City Civil Court, Chennai.

2.Section Officer, V.R.Section, High Court, Madras.

4/4 DR.G.JAYACHANDRAN, J.

AND MUMMINENI SUDHEER KUMAR,J.

dixit A.S.No.603 of 2024 06-11-2025