Madras High Court
H.J.Jude Aruldoss vs Rani Swaminathan on 8 July, 2021
A.S.No.610 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.07.2021
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
A.S.No.610 of 2018
H.J.Jude Aruldoss ... Appellant
-Vs-
1.Rani Swaminathan
Rosalin Ignatius (Deceased)
(1st Defendant is representing the estate of the 2nd
defendant in the above suit as per order dated
23.12.2010 in I.A.No.76 of 2010)
(Amended as per order in I.A.No.5 of 2011
dated 07.02.2011)
2.Allukas Joseph Thomas
represented by his Power Agent
Alukka Joseph Vijaya
(Impleaded as per order in I.A.No.75 of 2015
dated 30.10.2015)
(Amended as per order in I.A.No.64 of 2016
dated 28.03.2016) ...Respondents
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A.S.No.610 of 2018
PRAYER: Appeal Suit is filed under Section 96 of CPC against the
Judgment and Decree dated 03.11.2016 passed in O.S.No.12108 of 2010
on the file of XVII Additional City Civil Court at Chennai.
For Appellant : Mr.D.Saravanan
For Respondents : Mr.R.Gowthama Narayana
for M/s.Sudha Ramalingam for R1
R2 Notice Served - No Appearance
********
JUDGMENT
The Appeal suit is filed against the Judgment and Decree dated
03.11.2016 passed in O.S.No.12108 of 2010 on the file of XVII
Additional City Civil Court at Chennai.
2. For the sake of convenience, the parties are referred to as per
their ranking in the trial Court.
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A.S.No.610 of 2018
3. Pending the Appeal Suit the parties amicably settled the issues
between them by the Joint Compromise Memo dated 16.04.2021. The
Joint Compromise Memo reads as follows:
"The Appellant and the 3rd respondent pray that
this Honourable Court may be pleased to record the
following Compromise between the Appellant and the
3rd Respondent and pass a decree in terms of the same:
1. The Appellant herein H.J.Jude Aruldoss, gives
up all his claims he had made in respect of the suit
property in the suit O.S.No.12108 of 2010, on the file of
XVII Additional City Civil Court, Chennai. The
Appellant has no objection for the 3rd Respondent
executing the Decree dated 03.11.2016 by way of
restitution.
2. The Appellant hereby gives consent for
cancelling the Sale Deed dated 21.07.2014 registered as
Document No.2407 of 2014 executed by the Honourable
X Assistant Judge, City Civil Court, Chennai in his
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A.S.No.610 of 2018
favour, as prayed for in E.P.No.1676 of 2018 on the file
of XXVII Assistant Judge, City Civil Court, Chennai at
the cost of the 3rd respondent. The Appellant has no
objection for allowing the said E.P.
3. The Appellant hereby gives consent for delivery
of possession of suit property, to the 3rd Respondent as
prayed for in E.P.No.1676 of 2018 on the file of XXVII
Assistant Judge, City Civil Court, Chennai. He shall
deliver possession of the property to the 3rd Respondent
in good condition.
4. The Appellant herein has redeemed the
mortgage he has created on the suit property in favour of
South Indian Bank, Padappai Branch, Kanchipuram. He
declares that he has not created any other encumbrance
on the property.
5. The Appellant shall deliver all documents of
title and other documents in his possession in respect of
the property, and in particular,
i. Sale Deed dated 21.07.2014 registered as
Document No.2407 of 2014 executed by the
Honourable X Assistant Judge, City Civil Court,
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A.S.No.610 of 2018
Chennai in his favour.
ii. Deed of Mortgage created in favour of
South Indian Bank, Padappai Branch,
Kanchipuram.
iii. Deed of Redemption / Receipt executed
by South Indian Bank, Padappai Branch,
Kanchipuram in his favour.
iv. No Objection Letters executed by him for
the purpose of
- Mutation of Patta in the name of 3rd
Respondent.
- Mutation of Property Tax records with
Corporation of Chennai and Metrowater.
6. In consideration of the above, the 3rd
respondent herein, Allukas Joseph Thomas, agrees to
pay the Appellant a sum of Rs.22,00,000/- (Rupees
Twenty Two Lakhs only), by DD No.130417132,
130417140, 130417157 Dated 16.04.2021 from Indian
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A.S.No.610 of 2018
Overseas Bank, Santhome Branch, Chennai - 600 004
which includes the amount ordered in the decree dated
03.11.2016. This amount shall be paid after the above
processes are over.
7. The 3rd Respondent agrees that he will
withdraw the complaint made by him against the
Appellant herein Case No.7 of 2020, in the Court of
State Commissioner For Persons With Disabilities, Lady
Willingdon College Campus, KamarajarSalai, Chennai.
8. The 3rd Respondent agrees that he will
withdraw the complaints made by him against the
Appellant herein in E-1, Mylapore Police Station,
Mylapore, Chennai and other Forums.
9. The Appellant states that he has deposited a
sum of Rs.19,95,000/- (Nineteen Lakhs and Ninety Five
Thousand only) to the credit of the suit O.S.No.12108 of
2010, on the file of XVII Additional City Civil Court,
Chennai and the 3rd respondent has "No Objection" for
the Appellant herein taking back the said amount by
filing appropriate application before the said Court.
10. The Appellant herein is entitled to refund of
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A.S.No.610 of 2018
the entire Court fee paid in the above A.S.No.610 of
2018, High Court, Madras.
Dated at Dubai / Chennai on this the 16th day of
April 2021.
sd/---,
Allukas Joseph Thomas
sd/---,
Alukka Joseph Vijaya
(Power Agent of Allukas Joseph Thomas)
3rd Respondent
sd/---,
Appellant
sd/---, sd/---,
Counsel for Appellant Counsel for 3rd Respondent"
4. In view of the above, this Appeal Suit is disposed of in terms of
Joint Compromise Memo. The Joint Compromise Memo shall form part
and parcel of the Decree. No costs.
08.07.2021
Index : Yes / No
Internet : Yes / No
Speaking order /Non-speaking order
rna
To
The learned XVII Additional Judge,
https://www.mhc.tn.gov.in/judis/
A.S.No.610 of 2018
City Civil Court, Chennai.
G.K.ILANTHIRAIYAN, J.
rna
A.S.No.610 of 2018
08.07.2021
https://www.mhc.tn.gov.in/judis/
