Madras High Court
T.P.Shamsudheen vs M.O.Rajan on 9 July, 2021
O.S.A.No.176 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2021
CORAM :
THE HONOURABLE MR. JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MS. JUSTICE R.N.MANJULA
O.S.A.No.176 of 2019
& CMP Nos.15450 & 15451 of 2019 & 1073 of 2020
1.T.P.Shamsudheen
2.P.K.Muhammed
3.P.K.Abbas ..Appellants
Vs.
M.O.Rajan ..Respondent
Prayer: Original Side Appeals filed under Order XXXVI of Rule 1 of
Original Side Rules read with Clause 15 of the Letters Patent against
the judgment and decree dated 23.11.2018 in C.S.No.914 of 2006.
For Appellants : Mr.B.Mohan
For Respondent : Mr.B.Ravi Raja
Page 1 of 9
https://www.mhc.tn.gov.in/judis/
O.S.A.No.176 of 2019
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This appeal is filed against the judgment and decree dated
23.11.2018 in C.S.No.914 of 2006.
2.Today, a memorandum of compromise dated 09.07.2021
duly signed by the parties and attested by their respective counsel has
been filed. The parties are also present through video conference. The
terms of the memorandum of compromise dated 09.07.2021 read as
under:
1.The appellants have agreed to receive a total
sum of Rs.30,00,000/- (Rupees thirty lakhs only)
in full and final settlement of all their claims
against the respondent herein.
2.The Respondent has agreed to pay a total sum
of Rs.30,00,000/- (Rupees forty five lakhs
only)(sic) to the appellants herein Rs.10,00,00/-
(Rupees Ten lakhs only) to each appellant.
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O.S.A.No.176 of 2019
3.The Appellants will be entitled to pray for and
get refund of the full court fee paid by them in the
above case as permissible under law and subject
to the orders of this Hon'ble Court.
4.The Respondent in terms of the judgment and
decree in C.S.No.914 of 2006 dated 23.11.2018
had made payments vide D.D. in favour of each
of the Appellants (which DDs had not been
encashed on time and have since been returned to
the Respondent/Defendant). Moreover, even
before the filing of the above OSA, by order of the
Hon'ble Mrs. Justice Pushpa Sathyanarayana in
A.No.3265/2019 in C.S.No.914/2006 dated
15.7.2019, another sum of Rs.7,67,513/- had
been deposited by the Respondent/Defendant in
Indian Bank, Madras High Court Branch, Chennai
to the credit of the Suit A/c in C.S.No.914/2006 in
favour of the 1st appellant/1st plaintiff vide
F.D.No.0485071 dated 19.08.2019 and its
Maturity value is Rs.8,45,248/- as on 5.7.2021.
The Respondent/Defendant has no objection in the
1st Appellant withdrawing the same from the Bank
as part of his share in the above said settlement
amount.
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O.S.A.No.176 of 2019
5.The Respondent has on this day paid the total
sum of Rs.30,00,000/- (Rupees thirty lakhs only)
as full and final settlement to the Appellants in the
following manner.
a)To the 1st appellant T.P.Shamsudheen –
Rs.8,45,248/-(Rupees eight lakhs and forty five
thousand two forty eight only) vide the above said
F.D.F.D.No.0485071 dated 19.8.2019 of Indian
Bank, Madras High Court Branch, Chennai.
F.D.R.No. and D.D.No.095642 dated 09.07.2021
for Rs.1,54,752/- (Rupees one lakh fifty four
thousand seven fifty two only) drawn on HDFC
Bank, Nungambakkam Branch, Chennai favouring
the 1st appellant.
b) To the 2nd Appellant P.K.Muhammed –
D.D.No.095631 (Amount
Rs.8,33,333)/095641(Amount Rs.1,66,667) dated
07.07.2021 and 09.07.2021 respectively for
Rs.10,00,000/- (Rupees ten lakhs only) drawn on
HDFC Bank, Nungambakkam Branch, Chennai
favouring the 2nd appellant.
c)To the 3rd Appellant P.K.Abbas –
D.D.No.095630(Amount
Rs.8,33,333)/095640(Amount-Rs.1,66,667) dated
07.07.2021 and 09.07.2021 respectively for
Rs.10,00,000/- (Rupees ten lakhs only) drawn on
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O.S.A.No.176 of 2019
HDFC Bank, Nungambakkam Branch, Chennai,
favouring the 3rd appellant.
6.It is further agreed that all the original
documents of title of the suit Schedule property as
listed herein below and belonging to the
Respondent/Defendant, now in the custody of this
Hon'ble Court vide Memo dated 11.11.2013 made
in Application No.474/2012 in C.S.No.914/2006
shall be returned to the Respondent/Defendant in
terms of the prayer of the respondent/defendant
herein in C.M.P.No.1073/2020 in
O.S.A.No.176/2019 to which the appellants have
no objection.
a)Sale deed dated 31.10.1988 registered as
Document No.675 of 1988.
b)Patta dated 12.04.1993 in C.A.No.1057 of 1992.
c)Certified copy of the order passed in O.P.No.670
of 1987.
d) Sale Deed dated 12.01.1962 registered as
Document No.91 of 1962.
e)Rectification deed dated 23.08.1975 registered
as Document No.1099 of 1975.
f)Sale deed dated 31.10.1957 registered as
Document No.1167 of 1957.
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O.S.A.No.176 of 2019
7.The respondent due to old age and various
ailments is unable to sign his name and has
therefore affixed his Left Hand Thumb impression
and the appellants will not object for the same.”
3. Learned counsel for the appellants submitted that the
amount lying in Indian Bank, High Court Branch, Chennai to the
credit of C.S.No.914 of 2006 on the file of this Court may be permitted
to be withdrawn by the first appellant.
4. A perusal of the memorandum of compromise would show
that the amount is lying in Indian Bank, High Court Branch, Chennai
to the credit of C.S.No.914 of 2006 and the said amount is permitted
to be withdrawn by the first appellant in terms of Clause 4 of the
Memorandum of Compromise.
5.It is submitted by the learned counsel for the respondent
that the document deposited may be permitted to be received by the
respondent's counsel after endorsement in terms of clause 6 of the
Memorandum of Compromise.
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O.S.A.No.176 of 2019
6. The learned counsel for the appellant submitted that in
view of the Memorandum of Compromise, the above said document
may be returned as held in the decision of Apex Court in The High
Court of Judicature at Madras, Represented by its Registrar
General Vs. M.C.Subramaniam and others (2021 (3) Supreme
Court Cases 560).
7. In the light of the above, the Judgment and decree of the
learned single Judge in C.S.No.914 of 2006 dated 23.11.2018 stands
modified in terms of the Memorandum of Compromise dated
09.07.2021. The learned counsel for the respondent is permitted to
receive the original title deeds after making necessary endorsement.
The first appellant is permitted to receive the original title deeds. The
Court fee paid by the appellant and the first appellant is permitted to
be withdrawn.
8.The Original Side Appeal stands disposed of in terms of the
memorandum of compromise dated 09.07.2021 and the memorandum of
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O.S.A.No.176 of 2019
compromise dated 09.07.2021 shall form part of the decree. There will be
no order as to costs. Consequently, connected miscellaneous petitions are
closed.
(M.M.S., J.) (R.N.M., J.)
09.07.2021
Internet : Yes/No
raa
To
The Sub Assistant Registrar,
Original Side,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
O.S.A.No.176 of 2019
M.M.SUNDRESH,J.
and
R.N.MANJULA,J.
(raa)
O.S.A.No.176 of 2019
09.07.2021
https://www.mhc.tn.gov.in/judis/
