R.P.Darramalingam v. K.Thiyagarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2024

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI & C.R.P.No.3631 of 2019 & C.M.P.No.23829 of 2019 in C.R.P.No.3631 of 2019 Mr.R.P.Darramalingam .. Appellant Vs.

Mr.K.Thiyagarajan .. Respondent Appeal Suit filed under Section 96 r/w Order XLI of C.P.C. against the judgment and decree dated 02.08.2019 made in O.S.No.1237 of 2019 on the file of V Additional Judge, City Civil Court, Chennai. For Appellant :

Mr.M.Vivekanandan For Respondent :

Mr.M.Sivavarthanan C.R.P.No.3631 of 2019 Mr.R.P.Darrmalingam .. Petitioner 1/14

Vs.

Mr.K.Thiyagarajan .. Respondent Civil Revision Petition filed under Article 227 of Constitution of India against the fair and decretal order dated 02.08.2019 made in I.A.No.1 of 2019 in O.S.No.1237 of 2019 on the file of V Additional Judge, City Civil Court, Chennai.

For Petitioner :

Mr.M.Vivekanandan For Respondent :

Mr.M.Sivavarthanan COMMON JUDGMENT (Judgment of the Court was delivered by M.Sundar, J.) Captioned matters have been listed under the cause list caption 'FOR REPORTING SETTLEMENT OR FOR ARGUMENTS'.

2. Before we proceed further, we deem it appropriate to reproduce the proceedings made by this Court in the earlier listings on 13.03.2024 and 20.03.2024, which read as follows: 'Proceedings dated 13.03.2024 Captioned matters arise out of a money suit which was filed as a summary suit i.e., Under Chapter suit under Order XXXVII of 'The Code of Civil Procedure, 1908' (hereinafter 'CPC' for the sake of brevity).

2. Plaint was presented on 09.12.2016 on the Original Side of the High Court. It was subsequently transferred to V 2/14

Additional Judge's Court, City Civil Court, Chennai on change of pecuniary jurisdiction and such transfer was on 02.03.2009. This 'V Additional Judge's Court, City Civil Court, Chennai' shall be referred to as 'said Trial Court' for the sake of convenience.

3. Summary suit was filed claiming a sum of Rs.42,77,696/- together with interest at the rate of 18% per annum from the date of suit till realisation and there is also a prayer for charge qua property in Anna Nagar. As the suit was filed as a summary suit under Order XXXVII CPC, the defendant had taken out a leave to defend application vide I.A. No.1 of 2019 and after full contest, this leave to defend application was dismissed by said Trial Court in and by an order dated 02.08.2019. Consequently, money decree was made in the main suit in O.S. No.1237 of 2019 by said Trial Court.

4. Seeking revision of the order of dismissal of the leave to defend application, captioned Civil Revision Petition (C.R.P. No.3631 of 2019) has been filed and captioned appeal (A.S.278 of 2020) has been filed assailing the money decree in the main suit.

5. Appeal Suit is a regular first appeal under Section 96 of CPC and Civil Revision Petition has been filed under Article 227 of the Constitution of India.

6. Appeal Suit and Civil Revision Petition have been tagged together by an order dated 12.01.2022 made by then Hon'ble Acting Chief Justice vide order made on the administrative side. Post-tagging, captioned matters are before us.

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7. Today, Mr.M.Mukilan, learned counsel representing Mr.M.Vivekanandan, learned counsel on record for appellant and Mr.M.Sivavarthanan, learned counsel on record for respondent are before us. To be noted, appellant is the petitioner in Civil Revision Petition and obviously the respondent is the plaintiff in the said Trial Court.

8. It is made clear that it will be necessary to test the dismissal of the leave to defend application, revision of which has been sought as a first step of the legal drill.

9. Be that as it may, aforementioned learned counsel on both sides submit that settlement talks are under way, they are hopeful of arriving at a settlement and request for listing one week hence.

10. List under the cause list caption 'FOR REPORTING SETTLEMENT OR ARGUMENTS' on 20.03.2024.'

'Proceedings dated 20.03.2024 Matter mentioned at commencement of proceedings for the day.

2. Mr.M.Mukilan, learned counsel representing the counsel for appellant and Mr.M.Sivavarthanan, learned counsel for respondent are before this Court.

3. To be noted, captioned matters are listed under the cause list caption 'FOR REPORTING SETTLEMENT OR FOR ARGUMENTS'.

4. Aforementioned counsel on both sides submit that settlement has been arrived at and they submit that memorandum 4/14

of compromise can be filed in this Court if the captioned matters are listed one week hence. Both sides request for rescheduling of the captioned matters. Common request acceded to.

5. List under the same cause list caption i.e., 'FOR REPORTING SETTLEMENT OR FOR ARGUMENTS' one week hence. List on 27.03.2024.'

3. Today (27.03.2024), Mr.R.P.Darrmalingam [to be noted, it is Mr.A.R.Darrmalingam now], Mr.K.Thiyagarajan, parties / litigants on either side and their respective counsel Mr.M.Vivekanandan for Mr.R.P.Darrmalingam and Mr.M.Sivavarthanan for Mr.K.Thiyagarajan are before this Court.

4. Aforementioned counsel for parties submit that earlier proceedings dated 13.03.2024 and 20.03.2024 (extracted and reproduced supra) correctly capture the factual matrix. Therefore, we are not dilating on facts again and it will suffice to say that the aforementioned earlier proceedings shall be referred to for better appreciation of this judgment, decree and order.

5. Adverting to aforementioned earlier proceedings dated 13.03.2024 and 20.03.2024, learned counsel on both sides submit that the matter has since been settled as between the litigants and the terms of 5/14

settlement have been reduced to writing vide a 'Joint Memorandum of Compromise dated 27.03.2024' [hereinafter 'said JMOC' for the sake of brevity, convenience and clarity].

6. Aforementioned said JMOC has been placed before us and a scanned reproduction of the same is as follows: 6/14

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7. The aforementioned litigants have produced their Aadhar Cards for identity and scanned reproduction of the same are as follows: 11/14

8. Parties do not dispute the identity of each other.

9. Both parties submit that they have signed aforementioned said JMOC on their own volition, out of free will and consent and they would give a closure to the captioned matters [AS and CRP].

10. Thiru.K.Thiyagarajan confirms receipt of Demand Draft referred to in sub-paragraph (B) of paragraph 4 of said JMOC. The Demand Draft was also placed before us and a scanned reproduction of the same is as follows:

11. Adverting to the Demand Draft, Mr.R.P.Darrmalingam submits that he has changed his initials to A.R.Darrmalingam for personal reasons and beliefs (numerology). Mr.Darrmalingam also confirms that the aforementioned Demand Draft has been taken from the funds in his Savings Bank account in Karur Vysya Bank, Anna Nagar 12/14

Branch.

12. Aforementioned both learned counsel request for disposal of captioned AS and CRP in terms of said MOC. In the light of narrative thus far, this request is acceded to.

13. Captioned AS and CRP are now disposed of by this common judgment, decree and order in terms of aforementioned said JMOC which shall now form part of decree (to be drawn up) in the AS. There shall be no order as to costs.

(M.S.J.) (K.G.T.J.) 27.03.2024 Index:Yes/No gpa To V Additional Judge, City Civil Court, Chennai 13/14

M.SUNDAR.J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 27.03.2024 14/14