Madras High Court
O.S.Ravichandran vs R.M.Vijayalakshmi on 29 April, 2022
A.S(MD)Nos.102 of 2022 & 211 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
A.S(MD)Nos.102 of 2022 & 211 of 2010
and
M.P(MD)No.1 of 2010 &
C.M.P.(MD) No.3511 of 2022
A.S(MD)No.102 of 2022
O.S.Ravichandran ... Appellant
Vs.
1.R.M.Vijayalakshmi
2.R.M.Somasundaram
3.N.Alamelu
4.P.L.Nachammai
5.R.M.Sivakami
(2 to 5 plaintiffs are represented through their
mother and power agent 1st plaintiff)
1/7
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A.S(MD)Nos.102 of 2022 & 211 of 2010
6. Vijayalakshmi (died)
7.B.Sankaranarayanan ... Respondents
PRAYER: Appeal filed under Section 96 of Code of Civil Procedure,
against the decree and judgment dated 30.07.2010 in
O.S.No.9 of 2008 on the file of the Fast Track Court, Dindigul.
For Appellant : Mr.Muthu Geethaiyan
for M/s.S.Saravagan Prabhu
For R-1 to R-5 : Mr.S.Parthasarathy
For R-7 : Mr.M.P.Senthil
For R-6 : died
A.S(MD)No.211 of 2010
1.Vijayalakshmi (died)
2.B.Sankaranarayanan ... Appellants
(First appellant died and the second appellant herein
recorded as the only legal heir of the deceased first
appellant, Memo USR No.198 dated 20.01.2011 recorded
vide Court's order dated 02.12.2013.)
Vs.
2/7
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A.S(MD)Nos.102 of 2022 & 211 of 2010
1.R.M.Vijayalakshmi
2.R.M.Somasundaram
3.N.Alamelu
4.P.L.Nachammai
5.R.M.Sivakami
(2 to 5 respondents are represented through their
mother and power agent 1st respondent)
6.O.C.Ravichandran ... Respondents
PRAYER: Appeal filed under Section 96 of Code of Civil Procedure,
against the decree and judgment dated 30.07.2010 in
O.S.No.9 of 2008 on the file of the Additional District Judge, (Fast Track
Court), Dindigul.
For Appellant :Mr.M.P.Senthil
For R-1 to R-5 : Mr.S.Parthasarathy
For R-6 : Mr.Muthu Geethaiyan
for M/s.S.Saravagan Prabhu
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A.S(MD)Nos.102 of 2022 & 211 of 2010
COMMON JUDGMENT
R.SUBRAMANIAN,J.
AND
N.SATHISH KUMAR , J.
The parties have entered into a settlement and the terms of the
settlement have been reduced into writing. Both the parties as well as their
respective counsel have signed the Memorandum of Compromise. The
parties are also present before this Court and they have affirmed the Joint
Compromise.
2. As per the Joint Compromise, the appellant in A.S.(MD) No.
102 of 2022 has agreed to pay a sum of Rs.1 Crore to the respondents 1 to 5.
It is also agreed that the said sum is to be paid in instalments or in one lump
sum on or before 31.08.2022. It is further agreed that the money shall be
deposited to the bank account of the first respondent, who is also the power
agent of other respondents. A sum of Rs.20,00,000/- (Rupees Twenty Lakhs
only) being a part of the amount has been paid yesterday. A receipt has also
https://www.mhc.tn.gov.in/judis
A.S(MD)Nos.102 of 2022 & 211 of 2010
been enclosed. The Joint Compromise Memo dated 29.04.2022, is
recorded.
3. In view of the said compromise, the Appeal Suits are
allowed. The decree passed in O.S.No.9 of 2008 for specific performance is
set aside and there will be a decree for refund of advance for a consolidated
sum of Rs.1 Crore (Rupees One Crore only).
4. Considering the fact that the Appeal Suits have been
disposed of based on the terms of the Compromise, following the Judgment
of the Hon'ble Supreme Court in High Court of Judicature at Madras,
rep. by its Registrar General Vs. M.C.Subramaniam and Others
reported in 2021 (3) SCC - 560, there will be a direction to the Registry to
refund the entire Court fees paid in these Appeal Suits. The Joint
Compromise Memo, dated 29.04.2022, will form part of the decree. No
costs. Consequently, connected Miscellaneous Petitions are closed. The
documents filed in C.M.P.(MD) No.3511 of 2022 are directed to be returned
to the learned counsel for the petitioner.
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A.S(MD)Nos.102 of 2022 & 211 of 2010
5. Post these Appeal Suits on 01.09.2022, "for reporting
complaiance".
[R.S.M.,J.] [N.S.K.,J.]
29.04.2022
Index:Yes/No
Internet:Yes/No
rm
To:
1.The Additional District Judge,
Fast Track Court,
Dindigul.
2.The Section Officer,
Vernacular Section, Madurai Bench of Madras High Court,
Madurai.
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A.S(MD)Nos.102 of 2022 & 211 of 2010
R.SUBRAMANIAN,J.
AND
N.SATHISH KUMAR , J.
rm
COMMON JUDGMENT IN
A.S(MD)Nos.102 of 2022 & 211 of 2010
29.04.2022
https://www.mhc.tn.gov.in/judis
