Madras High Court
Ramalakshmi vs K.Sankaranarayanan on 1 September, 2021
S.A(MD).No.556 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.09.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
S.A(MD).No.556 of 2013
Ramalakshmi ...Appellant
Vs
1.K.Sankaranarayanan
2.K.Ammaiyappan
3.K.Mariappan @ Jegajothi ...Respondents
Prayer : Second Appeal filed under Section 100 of the Code of Civil
Procedure, to set aside the judgment and decree passed by the learned
Principal District Judge Virudhunagar District at Srivilliputhur in A.S.No.
26 of 2011 dated 25.02.2013 reversing the judgment and decree passed in
O.S.No.139 of 2008 dated 30.03.2011 on the file of Subordinate Judge,
Srivilliputhur.
For Appellant : Mr.M.Ashok Kumar
For Respondents : Mr.M.Thirunavukkarasu
1/6
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S.A(MD).No.556 of 2013
JUDGEMENT
The plaintiff in O.S.No.139 of 2008 on the file of the Sub-Court,
Sriviliputhur, is the appellant in this second appeal. The Suit was for
recovery of a sum of Rs.2,63,333/- with interest from the defendants. The
suit was filed on the basis of Ex.A1 pro-note dated 21.01.2006. The plaintiff
also stated that the defendants have executed the mortgaged deed dated
11.10.2001 (Ex.A6) for a sum of Rs. 30.000/-. The trial Court by judgment
and decree dated 30.03.2011 decreed the suit as prayed for. Aggrieved by
the same, the defendants filed A.S.No.26 of 2011, before the Principal
District Judge, Virudhunagar at Srivilliputhur. By judgment and decree
dated 25.02.2012, the decision of the trial Court was reversed and the
appeal was allowed and the suit was dismissed. Challenging the same, the
second appeal came to be filed.
2.The learned counsel on either side informed the Court that the issue
has been amicable settled between the parties. In the meantime, the first
respondent K.Sankaranarayanan passed away. His wife had pre-deceased
him and they did not have any children. There is no question of impleading
the legal representatives of the deceased first respondent because his
brothers/respondents 2 and 3 are already on record.
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S.A(MD).No.556 of 2013
3.The appellant/Ramalakshmi and her husband R.Gopalakrishnan are
present before this Court. The respondents 2 and 3 also present before this
Court. The respective counsel are also present before this Court.
4.The appellant/Ramalakshmi informed the Court that she had agreed
to accept a sum of Rs.1,75,000/- towards full and final settlement of all
other claims against the respondents. The amount of Rs.1,75,000/- is
presently with Advocate Ravikumar. He is having a sum of Rs.75,000/- in
the form of Demand Draft and remaining amount of Rs.1,00,000/- in cash.
The counsel on either side informed the Court that the appellant can receive
the entire amount of Rs.1,75,000/- from the said Ravikumar this evening
itself i.e on 01.09.2021. Ramalakshmi further undertakes that the Ex.A6 will
be cancelled by her.
5.Ramalakshmi further informed the Court that Ex.A6 mortgage deed
executed by the defendants in her favour can be treated as cancelled.
Originally she stated that she would go to the office of the Sub-Registrar for
executing the cancellation deed.
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S.A(MD).No.556 of 2013
6.In view of the submission made by her in-person before me, I
declare that Ex.A6 dated 11.10.2001 stands cancelled. It is open to the
respondents 2 and 3 herein to have this order registered so that the same will
be duly reflected in the register of encumbrance.
7.The appellant and respondents 2 and 3 reduced the terms of
compromise in writing also. Since the same is in Tamil, the same was taken
on record but not as part of the decree.
8.The appellant will also issue after receiving receipt Rs.1,75,000/-
from Advocate Ravikumar.
9.With the above directions, this second appeal is disposed of. No
Costs.
01.09.2021
tta
Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
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S.A(MD).No.556 of 2013
To
1.The learned Principal District Judge,
Virudhunagar District at Srivilliputhur.
2.The learned Subordinate Judge,
Srivilliputhur.
https://www.mhc.tn.gov.in/judis
S.A(MD).No.556 of 2013
G.R.SWAMINATHAN,J.,
tta
S.A(MD).No.556 of 2013
01.09.2021
https://www.mhc.tn.gov.in/judis
