Madras High Court
V.R.Rajasekar (A) R.Murugan vs Rathina Devi on 18 August, 2021
A.S.No.293 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
A.S.No.293 of 2015
and
M.P.No.1 of 2015
V.R.Rajasekar (a) R.Murugan .. Appellant
Vs.
K.P.Madhanraj (Deceased)
1.Rathina devi
2.M.Vinod
3.M.Manoj Kumar
4.M.Jothi
D.S.P.Jerome (Deceased)
5.K.R.Vellaichamy
6.M.Thangaraj
7.R.Mohan
8.M.Prema
9.Regina
10.J.Robinson
11.J.Richardson .. Respondents
1/7
https://www.mhc.tn.gov.in/judis/
A.S.No.293 of 2015
Appeal Suit filed under Section 96 of the Code of Civil Procedure to set
aside the Judgment and decree dated 27.09.2012 made in O.S.No.12094 of 2010
on the file of the XV Additional Judge, City Civil Court at Chennai.
For appellant : Mr.A.E.Ravichandran
For respondents : Mr.S.Pugalenthi (for R1 to R4)
R5 to R11 given up
JUDGMENT
This first appeal is filed by the 6th defendant to set aside the Judgment
and decree dated 27.09.2012 made in O.S.No.12094 of 2010 on the file of the
XV Additional Judge, City Civil Court at Chennai.
2.When the matter is taken up for hearing today, the learned counsel
appearing for the appellant Mr.A.E.Ravichandran as well as the learned counsel
appearing for the respondents 1 to 4 Mr.S.Pugalenthi would submit that the
disputes between the parties have been amicably settled and filed a joint memo
of compromise dated 11.02.2021. The joint compromise memo reads as
follows:-
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A.S.No.293 of 2015
"In pursuance to the above, the Appellant herein offered to
pay sum of Rs.51,00,000/- to the respondents 2 to 4. Mother of the
respondents also died on. Leaving behind the respondents 2 to 4 as
her only legal heirs and already on record.
In pursuance to the same the Appellant herein (paid through
the account of one Mr.Damodaran) has already paid a sum of
Rs.51,00,000/- (Fifty one lakhs only) in the following manner. (1)
Demand Draft bearing No.249092 for a sum of Rs.3,00,000/-
drawn on corporation Bank, Rs.10,00,000/- on 18.11.2020 by
RTGS No.UBINR 22020111800062096, Rs.7,00,000/- by RTGS
UBINR No.2202112700124009 in all totalling 20,00,000/- in the
name of Vinodh Kumar first respondent herein, (2) Demand Draft
bearing No.249091 for a sum of Rs.3,00,000/- drawn on
corporation bank, and Rs.10,00,000/- by way of RTGS on
23.03.2020 UTR No.Corpor 2202003240054-1925, Rs.5,00,000/-
by RTGS No.UBINR NO.22020111800063504, Rs.2,00,000/- by
RTGS No.UBINR No.22020112700124107 in all totalling
Rs.20,00,000/- in the name of Manoj Kumar second respondent
herein (3) and Rs.5,00,000/- (Five Lakhs only) by RTGS on
18.11.2020 and Rs.3,00,000/- by RTGS on 27.11.2020 vide UTR
No.22020112700124041, Rs.3,00,000/- by way of cheque bearing
No.760991 drawn on Union Bank India for a sum of Rs.1,00,000/-
and by cash Rs.2,00,000/- to third respondent herein amounting to
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A.S.No.293 of 2015
Rs.11,00,000/- compromise memo is subject to honouring of
cheque.
Whereas in consideration of the above amount paid by the
appellant herein the respondents 2 to 4 herein confirm that they
shall give up their rights in so far as the extent 1800 sqft is
concerned and more fully described in the schedule hereunder and
the appellant shall be at liberty to deal with the said schedule
mentioned property alone as his own property.
The respondents 2 to 4 shall cooperate with the appellant in
perfecting the title in so far as the extent of 1800 sqft, more fully
stated in the schedule herein.
The appellant shall submit to the decree in view of the above
settlement and shall not claim any right for any part of the balance
property of the suit schedule mentioned property.
The appellant herein shall cooperate with the respondents 2
to 4 as and when required, in order to proceed with the execution
of the Judgment and Decree for the balance portion of the suit
schedule mentioned property.
The appellant herein admits that this compromise pertains to
the extent of schedule mentioned property measuring 1800 sqft and
has nothing to do with the balance portion covered under the
decree of the Hon'ble XV fast Track court Judge, dated 27.09.2012
and the respondents shall be at liberty to proceed against the
balance property in the Execution proceedings in E.P.No.1725 of
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A.S.No.293 of 2015
2013 on the file of the Hon'ble X Assistant Judge, Civil Court,
Chennai.
The Appellants herein gives up his rights on Rs.5,00,000/-
referred to in the Decree of the Hon'ble XV Fast Tract Court Judge,
dated 27.09.2012 in O.S.No.12094 of 2010 and has absolutely no
objections for the respondents / plaintiffs 2 to 4 to withdraw the
amount of Rs.5,00,000/- available in the suit schedule in
C.S.No.588 of 1997 on the file of the Hon'ble High Court. The
appellant shall cooperate as and when required for withdrawal of
the above said amount.
The respondents / plaintiffs 2 to 4 herein shall peacefully
handover possession of the suit property and shall have no rights
over the same and shall not make any claim in future in so far as
the schedule mentioned portion herein.
Henceforth there shall be no claims or disputes as against
each other whatsoever in any manner pertaining to the suit subject
property.
This is the final settlement and the parties shall not
henceforth disturb the other on the subject issue in future at any
costs.
The cost of the proceedings shall be borne by the respective
parties.
The above settlement has been arrived between the parties
on their own volition/willingness without any force, threat,
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A.S.No.293 of 2015
coercion or undue influence from any quarter.
The settlement shall enforce strictly true to its spirit and
intentions and no one shall deviate from the same"
3.In the light of the above mentioned facts, this appeal is disposed of in
terms of the compromise memo dated 11.02.2021. The Joint Memo of
Compromise shall form part of the Decree. No costs. Consequently, connected
miscellaneous petition is closed.
18.08.2021
Index : Yes/No
Internet: Yes/No
skn
To
1. The XV Additional Judge, City Civil Court at Chennai.
3. The Section Officer, V.R. Section, High Court, Madras.
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A.S.No.293 of 2015
K.KALYANASUNDARAM., J
skn
A.S.No.293 of 2015
and
M.P.No.1 of 2015
18.08.2021
https://www.mhc.tn.gov.in/judis/
