Madras High Court
Mrs.Darly vs Mr.M.S.Jaganathan on 27 April, 2022
SA.Nos.1076 & 1077/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
SA.Nos.1076 & 1077/2021 & CMP.No.20337/2021 in SA.NO.1077/2021
SA.No.1076/2021:-
Mrs.Darly .. Appellant /
12th Defendant
Vs.
Mr.Sriramulu Reddiar [Deceased]
1.Mr.M.S.Jaganathan .. Respondent /
2nd Defendant
Prayer:- Second Appeal filed under Section 100 of the Civil Procedure
Code against the judgment and decree dated 04.11.2019 passed in
AS.No.193 of 2012 on the file of the learned I Additional Judge, City Civil
Court, Chennai, confirming the judgment and decree in OS.No.6104 of
2009 on the file of the learned VI Assistant Judge, City Civil Court,
Chennai, order dated 01.02.2012.
For Appellant : Mr.B.Ponnusamy
For Respondent : Mr.S.Rajasekar
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SA.Nos.1076 & 1077/2021
SA.No.1077/2021:-
Mrs.Darly .. Appellant /
12th Defendant
Vs.
Mr.Sriramulu Reddiar [Deceased]
1.Mr.Subramani
2.Mrs.Suguna
3.Mr.Paramasivam
4.Mr.Arjunan
5.Mrs.Samundeeswari
6.Mr.Venkatesan
7.Mr.Mohan
8.Mrs.Lakshmi
9.Mrs.Parvathi
10.Mr.Rajabather
11.Mr.Murugesh .. Respondents
1 to 11 /
Defendants 1 to 11
12.The Joint Sub Registrar Office-1
Chennai South, Saidapet
Chennai 600 015. .. 12th
Respondent /
13th Defendant
13.Mr.M.S.Jaganathan .. Respondent
No.13
***RR 1 to 12 given up as per the judgment of this Court
today made in SA.No.1077/2021
Prayer:- Second Appeal filed under Section 100 of the Civil Procedure
Code to set aside the judgment and decree dated 04.11.2019 passed in
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SA.Nos.1076 & 1077/2021
AS.No.171 of 2012 on the file of the learned I Additional Judge, City Civil
Court, Chennai, confirming the judgment and decree in OS.No.7034 of
2007 on the file of the learned VI Assistant Judge, City Civil Court,
Chennai, order dated 01.02.2012.
For Appellant : Mr.B.Ponnusamy
For R13 : Mr.S.Rajasekar
COMMON JUDGMENT
(1) The learned counsel appearing for the appellant in
SA.No.1077/2021 stated that the claim against respondents 1 to 12
has been given up by the appellant and hence, they are not shown. It
is further stated that the appellant claimed the suit property through
a Sale Deed executed in her favour by respondents 1 to 11 herein.
Respondents 1 to 11 who are the vendors of the appellant and who
have supported the case of appellant, did not independently
challenge the judgment and decree of the Courts below. Since now,
a compromise has been reached between the appellant and the
contesting respondent namely 13th respondent, a Memo dated
25.04.2022 is filed on behalf of the appellant to that effect.
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SA.Nos.1076 & 1077/2021
Similarly, it is also stated that the 12th respondent, namely, the Joint
Registrar, Officer -1, Chennai South, Saidapet, Chennai 600 015, is
also not a necessary party to the compromise. Hence, the
respondents 1 to 12 are given up by the appellant. The Memo
dated 25.04.2022 is taken on file and record.
(2) A Joint Memorandum of Compromise dated 27.04.2022 is filed
today by the learned counsel appearing for the appellant. The
appellant and 13th respondent are present today before this Court.
The appellant who is the 12th defendant in the suit in
O.S.No.7034/2007 and the 13th respondent who is a third party / son
of the deceased plaintiff, to the suit have signed the Compromise
Memo in each page. The last page of the Compromise Memo is
signed by the parties in the presence of their respective counsels.
Respective counsels also signed the Joint Memorandum. A sum of
Rs.16 lakhs vide Demand Draft dated 26.04.2022 is also
acknowledged by the appellant before this Court.
(3) The terms of Compromise Memo are as follows:
(i) That the 13th respondent is the absolute owner
of all that piece and parcel of land situated at
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SA.Nos.1076 & 1077/2021
S.No.72/1 admeasuring 76 cents at
Manapakkam Village, Sriperumbudur Taluk,
Kancheepuram District, morefully described in
the schedule, hereinafter referred to as
'scheduled property' having acquired the same
vide settlement deed dated 30.08.2008 executed
by his father Sriramulu Reddiar and registered
as Doc.No.5040 of 2020 before the Sub-
Registrar I, Saidapet.
(ii)That the appellant admits the unfettered title of
the 13th respondent over the schedule property
purchased by his late father Sriramulu Reddiar
from Mrs.Saliammal and her husband Kottooran
alias Munusamy Maistry vide Sale Deed dated
11.08.1996 registered as Doc.No.2608/1966,
before the Joint Sub-Registrar-I, Saidapet and
marked as Ex.A5.
(iii)That the appellant gives up her claim over the
title, possession as well as patta for the schedule
property and undertakes to take all necessary
steps to unconditionally cancel the Patta
No.1597 issued in her name by the revenue
authorities with reference to the schedule
proeperty belonging to the 13th respondent.
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SA.Nos.1076 & 1077/2021
(iv)The appellant admits that the sale agreements
dated 22.12.2006 registered as Doc.Nos.9716 &
9717 of 2006 in the office of the Joint Sub-
Registrar-I, Saidapet are null and void.
(v) The appellant admits that the Sale Deeds dated
06.02.2007 registered as Doc.No.s796 & 797 of
2007 in the office of the Joint Sub-Registrar-I,
Saidapet executed by Subramani & 10 others
are null and void.
(vi)The appellant further admits that the 13th
respondent is in absolute possession and
enjoyment of the schedule property on his own
right and the appellant shall not cause any
obstruction or attempt to interfere with the 13th
respondent's peaceful possession and enjoyment
of the schedule property.
(vii)That the appellant in full quit of her claim, has
this days acknowledged the receipt of a sum of
Rs.60,00,000/- (Rupees Sixty Lakhs Only) from
the 13th respondent vide Demand Draft bearing
No. 802096 dated 26.04.2022 of State Bank of
India, Guindy, Chennai drawn in favour of “M
DARLY ACC NO 126415500003065 0 KVB”.
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SA.Nos.1076 & 1077/2021
(viii)It is agreed between the parties that upon
entering into the present Joint Memorandum of
Compromise, all pending disputes/issues as
between them will come to an end and there
shall be no further claims, whatsoever against
one another.
(ix)The parties agree with the above terms of
compromise may be recorded and the second
appeal be disposed off in terms of this Memo of
Compromise.
(4) Based on the understanding and the facts, respondents 1 to 12 are
given up in terms of the Compromise Memo and this Court is
inclined to dispose of the appeal in terms of the Joint Compromise
Memo dated 27.04.2022 signed by the parties and the same shall
form part of record.
(5) Accordingly, the appeal in SA.No.1077/2021 is disposed of in
terms of the Joint Compromise Memo and SA.No.1076/2021 is
dismissed. Consequently connected Civil Miscellaneous Petition is
closed.
27.04.2022
cda
Internet : Yes
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SA.Nos.1076 & 1077/2021
To
1.The I Additional Judge,
City Civil Court, Chennai.
2.The VI Assistant Judge
City Civil Court, Chennai.
3.The Section Officer
VR Section, High Court
Chennai.
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SA.Nos.1076 & 1077/2021
S.S.SUNDAR, J.,
cda
SA.Nos.1076 & 1077/2021
27.04.2022
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