Lakshmi Ammal (Died), 1. M. Rajkumar v. K.Perumalsami Rshi @ E.V.Perumalsaami Reddy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-08-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI C.R.P.No.726 of 2024 and CMP No.3677 of 2024 Mrs.Lakshmi Ammal (Deceased) 1.M.Rajkumar 2.M.Vijayakumar Sivakami (Died) 3.A.Avinash 4.A.Ashwin ... Petitioners Vs 1.K.Perumalsami Rishi @ E.V.Perumalsammi Reddy 2.Padmavathi Educationi Trust by this Managing Trustee, Represented by its Managing Director No.23, Sir Thiyagaraya Road, Pondy Bazaar, Chennai-600 017.

... Respondents Revision filed under Section 115 of the Civil Procedure Code against the judgment and decree dated 25.07.2023 made in I.A.No.680 of 2019 in O.S.No.356 of 2006 on the file of District Judge-II, Kancheepuram. For Petitioners : Mr.R.Varadaraj For Respondents: Mr.M.Anandaraj

ORDER

Learned counsel for the parties are present. After the parties were referred to Mediation, the parties have been successful in reaching a settlement. Today, a Joint Memo of Compromise dated 25.08.2025, signed by both the parties along with their respective counsel is presented for approval. The Joint Memo of Compromise dated 25.08.2025 reads as follows:- JOINT COMPROMISE MEMO It is submitted that the petitioner's deceased mother had owned land measuring 2.30 Acres of land in S.No.330/1 situated at Kolappakkam Village. Theso-said Mrs.Lakshmi Ammal had entered into a sale agreement with the first respondent for a sale consideration of Rs.25 lakhs out of which the respondent had paid Rs.10 lakhs as an advance with an assurance that the sale deed would be completed within 18 months.

It is submitted that the respondent had not completed the sale within 18 months and hence the so-said Mrs.Lakshmiammal through a legal notice had cancelled the so-said sale agreement. But the advance amount of Rs.10 lakhs was not returned back to the respondent.

It is submitted that the Airport Authority had acquired the sosaid land for Airport expansion and sanctioned an award of Rs.1,27,70,141/- to the petitioners. Since Mrs.Lakshmiammal had subsequently died the award was granted in the name of the

petitioners who are her legal heirs. Since the respondent had raised his objection for the granting of the award to the petitioners his name was also included in the award as the other party. It is submitted that the petitioners had filed the payment out petition before the Sub-Court at Kancheepuram in O.P.No.343 of 2019 in which the respondent had also made the claim the so-said payment out petition is pending before the Sub-Court at Kancheepuram.

It is submitted that the respondent had filed a specific performance suit before the Principal District Court a Chengalpattu in O.S.No.356/2006 which was dismissed for default. The restoration petition filed by the respondent which was also dismissed. It is submitted that after a delay of 4676 days the respondent had filed a petition for bringing the legal heir and condone the delay 4676 days before the Hon'ble District and Sessions Judge at Kancheepuram in IA.No.680/2019 in O.S.No.356/2006 and the delay of 4676 days was condoned by the Hon'ble District and Sessions Judge at Kancheepuram.

It is submitted that challenging the condoning the delay 4676 days the petitioner had filed the present Civil Revision Petition in CRP No.726/2019 before this Hon'ble Court.

It is submitted that the matter was directed to mediation at the request of the parties and at the mediation center both parties had arrived for a compromise and a compromise agreement was signed and sent to this Hon'ble Court by the mediation center. It is submitted that in the so-said compromise agreement the petitioners have agreed to withdraw the CRP No.726/2029 pending before this Hon'ble Court and the respondents agreed to withdraw the

application filed in I.A.No.680/2019 before the Hon'ble District and Sessions Judge at Kancheepuram for bringing the legal heir and for condoning the delay. Both the parties have agreed to file a compromise memo before Sub Court, Kancheepuram in O.P.No.343/2019 and to share the award amount of Rs.1,27,70,141/- along with the accumulated interest on 60% share to the petitioners and 40% share to the respondents and also to file cases for claiming further enhanced compensation amount and if sanctioned to share55% to the petitioners and 45% to the respondent in the jurisdiction court.

It is submitted that the petitioners and the respondents have agreed either to file compromise affidavit before Hon'ble High Court in quash petition or withdraw the complaint given by the petitioners before the Commissioner of Police, Chennai City Police for which a FIR was registered in CC No.252/2018 before the Hon'ble Judicial Magistrate Court, at Alandur.

It is submitted that the petitioners have agreed to file a no objection counter in the Criminal Revision pending before the CRLR No.12/2018 and CRLR No.1/2021 in CC No.252/2018. It is submitted that the 3rd and 4th petitioners are now residing at USA, and this petition is also filed on behalf of the 3rd and 4th petitioners.

Hence it is therefore humbly prayed that this Hon'ble Court may record this joint comprise memo, and orders may be passed accordingly and thus render justice.

Dated at Chennai on this the 25th day of Annual"

2. It is seen from the Joint Memo of Compromise that the parties have now agreed to share the award amount of Rs.1,27,70,141/-(Rupees One Crore, Twenty Seven Lakhs, Seventy Thousand One Hundred Forty One only) with accumulated interest in the manner following:- (i) The petitioner is entitled to 60% (ii) The respondent is entitled to 40%

3. Both the parties are willing to abide by the settlement. In view of the Joint Compromise Memo, CRP No.726 of 2024 is disposed of. The parties shall be entitled to present the order copy along with Joint Memo of Compromise before the trial Court to enable the respective parties to withdraw their respective share amount. The parties shall abide by the other agreed terms with regard to the withdrawal of respective cases. No costs. Consequently, connected miscellaneous petition is closed. The Joint Memo of Compromise shall form part of the records. 25.08.2025 Index: Yes/No Website:yes/no Speaking Order/Non-speaking Order sr P.B.BALAJI.,J

sr To The District Judge-II, Kancheepuram.

25.08.2025