Madras High Court
Haji Mohammed Maraikkar vs A.Kursheed on 26 February, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 26.02.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM
A.S. No.304 of 2017
Haji Mohammed Maraikkar ... Appellant
-vs-
1.A.Kursheed
2.A.Nazeer
3.A.Sajithabanu
4.A.Mumtaj ... Respondents
Prayer: Appeal Suit filed under Section 96 of the Civil Procedure Code
against the judgment and decree dated 07.12.2016 in O.S. No.489 of
2011 on the file of the III Additional District and Sessions Judge,
Coimbatore.
For Appellant : Mr.C.R.Prasanan
For Respondents : Mr.K.S.Karthik Raja
for R1 to R3
R4 - No appearance
JUDGMENT
(Judgment of the Court was made by T.RAJA,J.)
Mr.C.R.Prasanan, learned counsel appearing for the appellant
and Mr.K.S.Karthik Raja, learned counsel appearing for respondents 1
https://www.mhc.tn.gov.in/judis/
to 3 produced a joint memo dated 22.02.2021 filed by the appellant
and respondents 1 to 4 and signed by both the parties and the
respective counsel. In the said memo, the terms of compromise read
as under:
'i)The respondents 1 to 4 agree that the above first appeal
be allowed and a decree be passed for a sum of
Rs.23,00,000/- (Rupees Twenty three lakhs only) against
them in O.S. No.489 of 2011 on the file of III Additional
District and Sessions Judge's Court, Coimbatore.
ii)The respondents 1 to 4 agree that there will be a charge
over the property subject matter of the said suit in O.S.
No.489 of 2011 III Additional District and Sessions Judge's
Court, Coimbatore for the decree amount of
Rs.23,00,000/- (Rupees Twenty three lakhs only).
iii)The respondents 1 to 4 state that there is no
encumbrance or alienation of the property made by them
till this day. He respondents 1 to 4 also undertake that
they would alienate the property subject matter of the suit
in O.S. No.489/2011 only with prior notice to the appellant
for the purpose of making payment of decree amount in
favour of the appellant.
iv)The appellant/plaintiff is entitled to execute the decree
and bring the property subject matter of the suit in O.S.
No.489/2011 for sale in execution of decree for the
purpose of realising the decree amount provided the
respondents 1 to 4 did not pay the decretal amount of
Rs.23,00,000/- within 6 months from today.'
https://www.mhc.tn.gov.in/judis/
2.In the light of the above memo, the appeal stands disposed of
in terms of the joint compromise memo. Needless to mention that the
compromise memo shall form part of the decree. No costs.
(TRJ) (PRMJ)
26.02.2021
Index : Yes/No
vga
To
1.The III Additional District and
Sessions Judge,
Coimbatore.
2.The Section Officer,
V.R.Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
T.RAJA, J.
and
P.RAJAMANICKAM,J.
vga
A.S. No.304 of 2017
26.02.2021
https://www.mhc.tn.gov.in/judis/
