Balasubramanian v. Rajagopal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI A.S.No.475 of 2024 1.Balasubramanian 2.Murugesan 3.Kasthuri ... Appellants Vs 1.Rajagopal 2.Chandira ... Respondents PRAYER: Appeal Suit filed under Section 96 of the Code of Civil Procedure, to set aside the judgment and decree dated 21.03.2019 passed in O.S.No.24 of 2016 by the learned Additional District Judge, Ariyalur. For Appellants:

Mr.C.P.Hemkumar for M/s.Ganesh and Ganesh

JUDGMENT

The appellants and the 2nd respondent, pending the appeal, have entered into an amicable settlement, the terms of which are reduced to writing in and by a Memorandum of Compromise, between the appellants and the 2nd respondent. The said memorandum of compromise is signed by all the parties and their respective counsel.

2.Insofar as the 1st respondent, he has already alienated his share in favour of the 2nd respondent and hence, the appellants are not pressing the appeal as against the 1st respondent.

3.The parties are also present through video conferencing facility. The parties have also confirmed the terms of compromise. 4.The joint memo of compromise dated 05.11.2025 is recorded and there shall be a final decree, in terms of the said joint compromise memo, which shall form part and parcel of the decree.

5.It is seen from the compromise arrived at between the parties that from the date of the compromise being recorded by this Court, within the period of three months, the appellants shall pay the 2nd respondent a sum of Rs.12 lakhs in full and final settlement of all claims, in relation to items 1 and 2. 6.It is also agreed that in the event of default, the compromise shall stand revoked.

7.I am satisfied that the parties have therefore applied their mind and full and finally settled the terms of settlement and also recording that the compromise would be recalled in the event of the appellants not adhering to the payment of Rs.12 lakhs on or before 31.01.2026. In the light of the above, the suit is decreed, in terms of the joint memorandum of compromise and final

decree to be passed. There shall be no order as to costs. It is made clear that the said Rs.12 lakhs shall be made on or before 31.01.2026 and delay in the Registry furnishing the judgment copy or the final decree shall not come in the way of the appellants honouring the commitment. 14.11.2025 ata Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Additional District Judge, Ariyalur.

P.B.BALAJI J.

Ata A.S.No.475 of 2024 14.11.2025