Madras High Court
Aboobakkar vs M/S.Mandaram Rangiah on 29 April, 2021
S.A. No.2036 of 2003
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
S.A. No.2036 of 2003
and
CMP Nos.18547 of 2003 and 6808 of 2006
1. Aboobakkar
2. Fathima Beevi ... Appellants
Vs
1. M/s.Mandaram Rangiah
Chetty Charties
rep. by its Trustees
No.35, Kasi Chetty Street,
Chennai - 600 079.
2. Abdul Khader ... Respondents
Second Appeal filed under Section 100 of the Code of Civil
Procedure against the Judgment and decree dated 12.08.2003 made in A.S.
No.272 of 2002 on the file of V Fast Track Court, Chennai, confirming the
Judgment and Decree dated 27.08.2002 passed in E.A. No.4194 of 1996 in
E.P. No.3550 of 1993 in O.S.No.2305 of 1978 on the file of X Asst. Judge,
City Civil Court, Chennai.
For appellants : M/s.Sampath Kumar & Associates
For respondents : Mr.M.Devendran for R1
1/4
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S.A. No.2036 of 2003
JUDGMENT
The appellants and the respondents have filed a joint Memorandum of
Compromise, dated 26.04.2021 before this Court by which, they have
agreed to settle their disputes amicably out of Court. The same is recorded
by this Court.
2. The said Joint Compromise Memo reads as follows:
1. The 1st respondent Trust filed execution petition in E.P. No.3550 of
1993 as against one Mr.Syed Akbar, based on the judgment and decree for
ejectment made in O.S.No.2305 of 1978 dated 24.07.1982. Since, the 2nd
Appellant was occupying the suit schedule property as an Agreement Holder,
as per the Agreement for Sale entered into between the President of the 1st
respondent Trust dated 14.12.1991, the warrant for possession could not be
executed as there was obstruction from Appellants and 2nd Respondent.
Thereafter, the 1st respondent filed E.A.No.4194 of 1996 for removal of
obstruction. After contest E.A. No.4194 of 1996 was allowed and delivery was
ordered.
2. As against the order made in E.A. No.4194 of 1996 dated
27.08.2002, all the Obstructors preferred A.S. No.272 of 2002. The order of
the execution Court was confirmed in the Appeal and the present appeal is
pending as against the judgment and decree made in A.S. No.272 of 2002,
dated 12.08.2003 by the Obstructors 1 & 2. The 3rd Obstructer was not in
possession, he has been cited 2nd respondent in the appeal. He is not being
represented by counsel and not contesting.
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S.A. No.2036 of 2003
3. During pendency of the above appeal, the parties have arrived at an
amicable settlement as follows :
i) The 1st Respondent's Trust has paid the sum of Rs.5,00,000/-
(Rupees Five Lakhs only) each by way of Banker's Cheque in favour of
M.ABOOBAKKAR, the 1st appellant and A. Fathima Beevi, the 2nd appellant.
ii) The Appellants have delivered vacant possession of the suit schedule
property to the 1st Respondent's Trust.
iii) The Appellants have no claim, stake or interest over suit schedule
property.
iv) The 1st respondent Trust has a right to deal with the suit schedule
property in any manner whatsoever, as it likes.
4. In view of the above terms and conditions, the above second appeal
may be dismissed as settled out of Court.
3. In terms of the Memorandum of Compromise, dated 26.04.2021,
which shall form part of the order, this Second Appeal is disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
29.04.2021
Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
vsi2
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S.A. No.2036 of 2003
ABDUL QUDDHOSE, J.
vsi2
To
1. The Judge,
V Fast Track Court,
Chennai.
2. The X Asst. Judge,
City Civil Court, Chennai.
S.A. No.2036 of 2003
29.04.2021
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