V.Lakshmi v. Arulthiru Paul Rajanandham(Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRP No. 1475 of 2017 & CMP.No. 6849 of 2017

1. V.Lakshmi W/o. S.Balakrishnan, Devipragasam Village, Senji Post, Via Latheri,Katpadi Tk, Vellore Dist.

Petitioner(s) Vs

1. Arulthiru Paul Rajanandham(died) S/o. Late Arulthiru.Paulkrishnasamy, No.6/19, Krista Cottage, Gopalpuram Nagar Extension, Gandgi Nagar, Katpadi, Vellore -006.

2.Leela W/o.late.Arulthiru. Paul Rajanandham No.6/19, Krista Cottage, Gopalpuram Nagar Extension, Gandhi Nagar, Katpadi, Vellore- 632 006.

3.Pauline Prarthana Shilpa D/o.late.Arulthiru.Paul Rajanandham No.6/19, Krista Cottage, Gopalpuram Nagar Extension, Gandhi Nagar, Katpadi, Vellore- 632 006. Sole Respondent Died. Respondents 2 and 3

are brought on record as LRs of the deceased Sole Respondent Viz.Arulthiru Paul Rajanandham vide court order dated.20/02/2025 made in CMP No.9099 of 2022 in CRP No.1475 of 2017 by ADJCJ.

Respondent(s) PRAYER Petition filed under section 115 of Code of Civil Procedure to set aside the judgment and Decree dated 11/01/2017 made in OS.No.25 of 2016 on the file of the I Additional District and Sessions Judge Vellore on his file under Section 6 of the Specific Relief Act 1960.

For Petitioner(s):

C/v Filed By Y.Kajanavas For Respondent(s):

Mr.K.V.Subdararajan for Adeep Mohammed - R2 & R3

ORDER

Challenge has been made to the judgment and decree of the trial Court decreeing the suit for permanent injunction and mandatory injunction, in the present Civil Revision Petition.

2. The suit in O.S.No.25 of 2016 has been filed by the respondents for permanent injunction and for mandatory injunction. According to the

defendant, she had purchased the B schedule property from one R.Arun and another as per the registered sale deed dated 28.04.2003 and she had put up a shed in the property and leased out the same to a third party. According to the respondents, the revision petitioner is attempting to dispossess the plaintiff with anti social elements which lead to the filing of the suit under Section 6 of the Specific Relief Act. The said suit has been decreed directing the revision petitioner to deliver the vacant possession of the B schedule property to the plaintiff and also granted permanent injunction restraining the defendant from putting up any construction in the B schedule property and mandatory injunction has been granted directing the defendant to remove the construction in the suit property. Challenging the same, the present Civil Revision Petition has been filed.

3. When the matter came up today, the learned counsel for both sides submitted that they had arrived at a compromise and for the loss sustained by the respondents, the revision petitioner had paid a sum of Rs.2,50,000/- [Rupees two lakhs fifty thousand only] by way of a Demand Draft which has been

received by the respondents. Both the revision petitioner and the respondents filed affidavits that they are willing to settle the issue and they will not interfere with each other's possession. Both the affidavits are taken on record.

4. Recording the submissions of the both sides, this Civil Revision Petition is disposed of and the judgment and decree of the trial Court in O.S.No.25 of 2016 dated 11.01.2017 is set aside. No costs. Consequently, connected miscellaneous petition is closed.

31-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To The I Additional District and Sessions Judge, Vellore.

N.SATHISH KUMAR J.

31-07-2025