Madras High CourtAS(MD)/72/2014allowed

N.S.M. Sridharan, v. C. Thilgamani,

2021-11-01Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the First day of November Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN AS(MD). No.72 and 73 of 2014 N.S.M. SRIDHARAN ... Appellant/Plaintiff(in AS(MD) 72/2014) N.S.M. SRIDHARAN ...Appellant/Plaintiff (in AS(MD) 73/2014) Vs

1. C. THILAGAMANI

2. C. SARAVANAN

3. M. SANTHIYA DEVI

4. C. JANSIRANI

5. S.V.KARUPPASAMY ... Respondents/Defendants (in AS(MD) 72/2014 S.V. KARUPPASAMY ... Respondent/Plaintiff (in AS(MD) 73/2014 Common Prayer :- Appeal Suit filed under section 96 of CPC., to allow the appeal by setting aside the judgment and decree passed in OS NO.189 of 2008 and 206 of 2010 dated 12/02/2014 on the file of the I Additional District Court, Madurai.

Decree:- These Appeal Suits are coming on for hearing on this date, upon perusing the grounds of Appeal, the judgment and decree of the court below and the material papers in the suit and upon hearing the arguments of Mr. Veera Kathiravan, Senior Counsel for Mr. C. Jegannathan, advocate for the appellant and of Mr. V. Meenakshi Sundaram, advocate for the respondents 1 to 4 and Mr. T. Lajapathi Roy, advocate for the 5th respondent and while recording the Joint Compromise Memo dated 01/11/2021 filed in AS(MD) NOS.72 and 73 of 2014 by both the parties and their counsels, While disposing the Appeal Suit in terms of the above said Joint Memo,this court doth order and decree as follows:-

1) That the respondents herein shall pay a sum of Rs.25,00,000/- (Twenty Five Lakhs) to the appellant herein so as to withdraw all his claims with respect to Suit Schedule Properties. Accordingly the Respondents Nos.1 to 4 herein who are the legal heirs of the Original Title holder namely Late. V.K. Chandran shall 1/3

pay a sum of Rs.12,50,000/- (Twelve lakhs fifty thousand) and the 5th respondent herein who is the lawful purchaser of the suit 2nd Schedule property shall pay a sum of Rs.12,50,000/- (Twelve lakhs fifty thousand) totally a sum of Rs.25,00,000/- (Twenty Five Lakhs) to the appellant. This exercise shall be done by the 5th respondent on or before 31/12/2021 and by the Respondents Nos.1 to 4 on or before 31/01/2022 accordingly.

2) That the respondents herein shall withdraw their claim with respect to initiate any criminal prosecution as against the appellant with regards to the findings of the trial court as per the court Exhibits C1 to C3.

3) That the appellant/plaintiff herein shall withdraw and hereby relinquishe all the claims with respect to the suit schedule properties in OS NO.189 of 2008 and OS NO.206 of 2010 on the file of I Additional District Court, Madurai and further shall not object for the return of Original Documents marked before the I Additional District Court, Madurai.

4) That the appellant/plaintiff shall not interfere with the suit schedule property in OS NO.189 of 2008 and OS NO.206 of 2010 on the file of I Additional District Court, Madurai and further states that the suit property absolutely belongs to the Respondents NO.1 to 4 with respect to 1st schedule and 5th respondent with respect to 2nd schedule on the receipt of the present Joint Compromise filed herein;

5) That the respondents herein shall not object against the appellant with regard to the withdrawal of the Rs.5,05,000/-(Five Lakhs and five thousand) deposited by the appellant before the trial Court in OS NO.189 of 2008 in respect of the balance consideration, moreover in the event of any return of Court Fee in favor of the appellant, the respondents shall not object the same.

6) That there be no costs in these Appeal Suits. Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) ENCL.: XEROX COPY OF SHCEDULE OF PROPERTY.

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TO The I Additional District Judge, Madurai.

Copy to:

1.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai(2 Copies)

2. The Sub Assistant Registrar, Court officers Section, Madurai Bench of Madras High Court, Madurai + 1 CC to Mr. D. Nallathambi, Advocate in CA SR NO.33625/21. + 1 CC to Mr. T. Lajapathi Roy, Advocate in CA SR NOS. 33543/2021. ORDER DATED : 01/11/2021 ========================== DECREE ========================== AS(MD). No.72 and 73 of 2014 Nature of Decree:-Disposing the Appeal Suits in terms of the above said Joint Compromise Memo dated 01/11/2021 to set aside the Judgment and decree made in OS Nos.189 of 2008 and 206 of 2010, dated 12/02/2014 on the file of the I Additional District Court, Madurai, etc., as stated within.

na(CO) TR(21.02.2022) 3P 7C 3/3