Madras High Court
Unknown vs V.Selvaraj on 6 September, 2021
S.A.No.59 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2021
CORAM
THE HON'BLE MRS. JUSTICE S.KANNAMMAL
S.A.No.59 of 2019
and
C.M.P.No.10130 of 2021
[through video conferencing]
A.Shanmugam (Died)
2.Tmt.Mani
3.Kavitha
4.Nithishwaran
5.Rishikesavan
6.Shanthimathi
7.Sakthi ... Appellants
(Appellants 2 to 7 brought on record as LR's of the deceased 1st
appellant vide order of Court dated 25.06.2021 made in
CMP.No.4970/2021 in S.A.No.59/2021)
-vs-
V.Selvaraj ... Respondent
Prayer: Second Appeal filed under Section 100 of the Code of Civil
Procedure against the Judgment and Decree dated 13.04.2017 in
A.S.No.78 of 2016 on the file of the II Additional District Judge, Salem,
partly allowing and modifying the Judgment and Decree dated
07.04.2016 in O.S.No.201 of 2010 on the file of the learned Subordinate
Judge, Mettur.
https://www.mhc.tn.gov.in/judis/
1/4
S.A.No.59 of 2019
For Appellants : Mr.N.Karthikeyan
For Respondent : Mr.P.Jagadeesan
*****
ORDER
This Second Appeal has been filed by the appellants against the
Judgment and Decree dated 13.04.2017 in A.S.No.78 of 2016 on the file
of the II Additional District Judge, Salem, partly allowing and modifying
the Judgment and Decree dated 07.04.2016 in O.S.No.201 of 2010 on the
file of the learned Subordinate Judge, Mettur.
2.The learned counsel appearing for the appellants submitted that
he has filed a Memo stating that "As per the decree dated 13.04.2007 in
A.S.No.78 of 2016, the appellants have deposited the decreetal amount
with interest and with cost of Rs.6,93,849/- [Rupees Six Lakhs Ninety
Three Thousand Eight Hundred and Forty Nine only] to the credit of the
suit in O.S.No.201 of 2010 on 23.07.2021”. The learned counsel further
submitted that charge has been created over the suit property for the due
realization of the decree amount and since the amount has been
deposited, the charge created over the suit property may be released.
https://www.mhc.tn.gov.in/judis/
S.A.No.59 of 2019
3.The learned counsel appearing for the respondent has agreed for
the same. The learned counsel for the appellants further submitted that he
has deposited a sum of Rs.5,59,000/- [Rupees Five Lakhs Fifty Nine
Thousand only] to the credit of O.S.No.46 of 2008, on the file of the III
Additional District Judge at Salem towards balance sale consideration
and the respondent may be permitted to withdraw the same with the
accrued interest if any.
4.In view of the submission made by the learned counsel for the
parties and the Memo filed by the learned counsel for the appellants,
nothing survives in this Second Appeal for adjudication. Since the
appellants have deposited the decreetal amount with interest and cost, the
charge created over the suit property is hereby ordered to be released.
5.The respondent is permitted to withdraw the amount of
Rs.5,59,000/-[Rupees Five Lakhs Fifty Nine Thousand only] if any lying
on the credit of O.S.No.46 of 2008, on the file of the III Additional
District Judge at Salem which was deposited towards balance sale
consideration with accrued interest if any.
https://www.mhc.tn.gov.in/judis/
S.A.No.59 of 2019
S.KANNAMMAL,J.
ssi
6.With the above observations and direction and after recording
the Memo filed by the appellants dated 31.08.2021, this Second Appeal
is disposed of accordingly. No costs. Consequently, the connected
Miscellaneous Petition is closed.
06.09.2021
Index : Yes/No
Internet: Yes/No
ssi
To:
1.The II Additional District Judge, Salem.
2.The Subordinate Judge, Mettur.
S.A.No.59 of 2019 and
C.M.P.No.10130 of 2021
https://www.mhc.tn.gov.in/judis/
