Madras High CourtSA/698/2023decree in terms of memo of comprom

R.Samundeeswaran v. P.Ramanathan

2023-11-30Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.11.2023

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA R.Samundeeswaran ...Appellant Vs.

1.P.Ramanathan 2.R.Govindammal (Deceased) 3.Savithiri 4.R.Kaleeswaran (Deceased) 5.Duraibabu 6.Lakshmi 7.Lokesh 8.Dharani 9.Dr.K.Arun Kumar 10.Dr.K.Yogeshwaran 11.R.Chellathai

...Respondents

1/5

Cause title accepted vide Court order dated 19.12.2022 made in C.M.P.No.21876 of 2022 in S.A. (SR). No.135021 of 2022. Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 16.07.2019 in A.S.No.416 of 2018 passed by the VI Additional City Civil Judge, Chennai which was partly allowed and against the Judgement and Decree dated 28.04.2018 in O.S.No.6549 of 1996 passed by the VIII Assistant Judge, City Civil Court, Chennai.

For Appellant :

Mr. A.D.Janarthanan For Respondents :

Given Up.

1 to 8 For Respondents :

Mr. Praveen S. Kumar 9 to 11.

JUDGMENT

It is informed that the parties have entered into a compromise. 2/5

2. A joint memorandum of compromise has been filed into the Court signed by the appellant and respondents 9 to 11, who are none else than the legal heirs of the 4th respondent, Kaleeswaran. The memorandum of compromise would read that the legal heirs of Kaleeswaran have agreed to execute the sale deed in favour of the appellant in respect of their 5/6th share by receiving a total sale consideration of Rs.85,00,000/-. Rs.5,00,000/- has been paid today by way of a Demad Draft drawn on Indian Bank, Madras High Court branch dated 29.11.2023 bearing No.707914 and the same has been handed over to the counsel for the respondents.

3. The balance has to be paid in four tranches, first of which commences on 31.12.2023 with the payment of Rs.25,00,000/- and the last amount of Rs.17,50,000/- is to be paid on or before 28.02.2024. On the payment of the sum of Rs.85,00,000/-, the respondents 9 to 11 undertakes to execute the sale deed and handover the original title deeds.

3/5

4. The memorandum of compromise is taken on file and the suit is decreed in terms of the memorandum of compromise. The memorandum of compromise shall for part of the decree. No costs. 30.11.2023 Index : Yes/No Internet : Yes/No kan To 1.The VI Additional City Civil Judge, Chennai.

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

4/5

P.T. ASHA, J, kan 30.11.2023 5/5