Madras High CourtSA/728/2025disposed of

K.Shanmugam, v. G.Sureshkumar,

2026-02-06Honourable Mrs.Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-02-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. K.Shanmugam, S/o.Kanniappa Mudaliar, residing at No.15, Muthiah Mudali 1st Lane, Old Washermenpet, Chennai -600 021.

S.Kalavathy (Died)

2. S.Lakshmi, D/o.K.Shanmugam, residing at No.15, Muthiah Mudali 1st Lane, Old Washermenpet, Chennai -600 021.

3. P.Deivanayaki, D/o.K.Shanmugam, residing at No.15, Muthiah Mudali 1st Lane, Old Washermenpet, Chennai -600 021.

Appellant(s) Vs

1. G.Sureshkumar, S/o.Late Gisulal, No.494, T.H.Road, Old Washermenpet, Chennai -600 021.

Respondent(s) PRAYER : Second Appeal filed under section 100 of Code of Civil Procedure to set aside the judgment and Decree dated 07.04.2025 made in A.S.No.91 of 2024 on the file of V Additional City Civil Court at Chennai by confirming the Judgment and Decree dated 18.10.2023 made in O.S.No.668 of 2019 on the file of XIII Assistant Judge, City Civil Court, Chennai, and to allow the Second Appeal and thus render justice.

For Appellant(s):

Mr.C.Prabakaran For Respondent(s):

Mr.Sarath Chandran For Mr.Vikram B.Jain

JUDGMENT

Challenging the concurrent finding of the Courts below, this Second Appeal has been filed by the plaintiffs.

2. When this appeal was posted on 02.02.2026, the learned counsel for both sides sought time for reporting settlement. This Court also directed the parties to file calculation memo.

3. When the matter is taken up today, both the parties and their counsel appeared and both sides submitted calculation memo.

4. Considering the submissions of both parties, this Court fixes Rs.18,00,000/- [Rupees eighteen lakhs only] as final and one time settlement to the respondent/defendant. The appellants are directed to pay the said amount of Rs.18,00,000/- [Rupees eighteen lakhs only] to the respondent by way of a demand draft within a period of four weeks. On such payment, the respondent is directed to hand over all the documents belonging to the appellant and the registered mortgage is also ordered to be cancelled.

5. With the above directions, this Second Appeal is disposed of. No costs.

6. Post for reporting compliance on 11.03.2026. 06-02-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To

1. The V Additional Judge [TADA], City Civil Court, Chennai.

2. The XIII Assistant Judge, City Civil Court, Chennai.

T.V.THAMILSELVI J.

vrc 06-02-2026