Madras High Court
Mehaboobjohn vs S.Baskar on 29 September, 2021
S.A.No.1090 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
S.A.No.1090 of 2015
and M.P.No.1 of 2015
Mehaboobjohn ... Appellant
Vs.
S.Baskar ... Respondent
PRAYER: The Second Appeal filed under Section 100 of the Civil Procedure
Code against the judgment and decree dated 09.12.2014 passed in A.S.No.5 of
2014 on the file of the Principal District Court, Krishnagiri, in confirming the
judgment and decree dated 16.12.2013 passed in O.S.No.106 of 2008 on the
file of the Principal Sub Court, Krishnagiri.
For Appellant : M/s.P.Mani
For Respondent : M/s.M.Rajeev Gandhi
for M/s.S.Kaithamalai Kumaran
-----
JUDGMENT
The present Second Appeal has been filed against the judgment and
decree dated 09.12.2014 passed in A.S.No.5 of 2014 on the file of the Principal
District Court, Krishnagiri, in confirming the judgment and decree dated
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S.A.No.1090 of 2015
16.12.2013 passed in O.S.No.106 of 2008 on the file of the Principal Sub
Court, Krishnagiri.
2. Today when the matter is taken up for hearing, the learned counsel
appearing on either side would submit that the matter has been settled between
the parties and a Joint Memo of Compromise dated 31.08.2021, which is signed
by the parties and duly attested by their respective counsel, has also been filed
to that effect. The terms of Joint Memo of Compromise are extracted as
follows:-
1. The appellant paid a sum of Rs.8,25,000/- (Rupees Eight Lakhs
and Twenty Five Thousand) from the respondent as full and final
settlement and the respondent do hereby acknowledge the receipt
of the said amount Rs.8,25,000/- (Rupees Eight Lakhs and
Twenty Five Thousand).
2. The Respondent do hereby give up his right to get the sale deed
executed with respect to the suit properties pursuant to the suit
sale agreement dated 28.02.2007.
3. The respondent has returned the original title deed with respect
to the suit properties (Settlement Deed dated 01.11.2004
executed by Ulbathbi in favour of the appellant Mehabobjohn
and registered as Document No.1354 of 2004 in the office of Sub
Registrar, Pochampalli) to the appellant and the appellant do
hereby acknowledge the receipt of the same.
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S.A.No.1090 of 2015
4. The respondent received the said sum of Rs.8,25,000/- ((Rupees
Eight Lakhs and Twenty Five Thousand) from the appellant in
full and final settlement of all claims between the appellant and
the respondent and his father and between the appellant's
husband and the respondent and his father.
5. The respondent do hereby declare the he or his father has no
money claim whatsoever either from the appellant or from her
husband.
6. The respondent do hereby declare that he has no right or claim
whatsoever, over the suit properties on the basis of the suit sale
agreement or any other document.
7. The appellant can deal with the suit properties at her free will
and encumber or alienate the suit properties at her discretion to
any third party as the absolute owner.
8. The respondent do hereby agree that the above second appeal be
allowed and the judgment and decree dated 16.12.2013 passed
by the Prl. Sub Court, Tiruvannamalai, in O.S.No.106 of 2008
and the judgment and decree dated 09.12.2014 passed by the
Prl.District Court, Tiruvannamalai, in A.S.No.5 of 2014 be set
aside and the said suit be dismissed.
9. The appellant and the respondent undertake and agree that they
will not put forward any claim or initiate any proceedings
whatsoever against each other with respect to the subject matter
of the present litigation in future.
SCHEDULE OF PROPERTIES
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https://www.mhc.tn.gov.in/judis/
S.A.No.1090 of 2015
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3. The said Joint Memo of Compromise is taken on file and the same
shall form part of the decree. Accordingly, the Second Appeal is allowed in
terms of the Joint Memo of Compromise. There shall be no order as to costs.
Consequently, connected Miscellaneous Petition is closed.
30.09.2021
asi
https://www.mhc.tn.gov.in/judis/
S.A.No.1090 of 2015
To
1. The Principal District Court, Krishnagiri.
2. The Principal Sub Court, Krishnagiri.
https://www.mhc.tn.gov.in/judis/
S.A.No.1090 of 2015
M. GOVINDARAJ, J.
asi
S.A.No.1090 of 2015
and M.P.No.1 of 2015
29.09.2021
https://www.mhc.tn.gov.in/judis/
