Madras High Court
M.Thangamani (Died) vs M.Selvaraj on 13 December, 2022
A.S(MD)No.873 of 1996
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 13.12.2022
CORAM
THE HONOURABLE MRS.JUSTICE N.MALA
A.S.No.873 of 1996
and
C.M.P(MD)No.7342 of 2022
1.M.Thangamani (Died)
2.T.Ponmani
3.T.Sivamurugan
4.T.Rajini Rajesh
5.T.Madhanraj
6.Saraswathi Ammal (Died) ... Plaintiffs/Appellants
(Appellants 2 to 6 are brought on
record as LRS of the deceased sole
appellant vide order dated 14.06.2022
in M.P.(MD)No.1 of 2012)
(Memo filed in USR 2750 and recorded
as 6th appellant died and A2 to A4 and
R16 to R20, who are already on record
are recorded as LRS of deceased 6th
appellant vide Court order dated
26.06.2016 and 06.07.2018 in A.S.
(MD)No.873 of 1996)
Vs
1.M.Selvaraj
2.K.Periyakaruppan
3.K.Selvam
4.S.Alagarsamy
5.M.Muthu Ganesh
6.M.Murugan
7.Raja (Died)
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A.S(MD)No.873 of 1996
8.Rajkamal Transport Private Limited,
Through its Branch Manager,
136, Kamarajar Salai,
Madurai.
9.Thiyagarajan Chettiar
10.Tamil Nadu Civil Supplies Corporation,
Through its Regional Manager,
Kuruvikaran Salai,
Aringar Anna Nagar,
Madurai.
11.Sheik Davood,
12.K.Ellangovan
13.Patel Roadways Private Limited,
Through its Branch Manager,
136, Kamarajar Salai,
Madurai-1.
14.Jamal
15.K.Gandhi
16.Balasaraswathi
17.Priya
18.Prasath
19.Manikandan
20.Pramma Sakthi ...Defendants/Respondents
(R16 to R20 are brought on record as LRS
of deceased R7, vide Court order dated
22.04.2017 in M.P(MD)Nos.1190 to 1192
of 2017)
PRAYER: Appeal Suit filed under Section 96 of Code of Civil Procedure, to
set aside the judgment and decree passed by the I Additional Sub Court,
Madurai in O.S.No.966 of 1990 dated 24.01.1996.
For Appellant : Mr.S.P.Samuelraja
For R2 & R5 : Mrs.Vijayakumari Natarajan
For Mr.S.Natarajan
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A.S(MD)No.873 of 1996
JUDGMENT
The parties have filed joint compromise memo for having entered into
settlement before the Tamil Nadu Meditation and Conciliation Centre,
Madurai Bench of Madras High Court, Madurai. The terms of the
compromise memo are as follows:
“1. Both parties agreed the following terms and
conditions. The respondents 5 and 6 agreed to pay the sum of Rs.
1,90,00,000/- (Rupees One Crore and Ninety Lakhs only) within
a period of 18 months which starts from 02.11.2022 to the
appellants herein.
2. The Respondents 5 and 6 agreed to pay the sum of Rs.
25,00,000/- (Rupees Twenty Five Lakhs only) through D.D. in
favour of appellants as first installment before the Hon'ble
Madurai Bench of Madras High Court and the same was
accepted by the appellants.
3. The Respondents 5 and 6 agreed to pay not below not
below a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only)
on every installments with an interval of six months. and the
remaining balance amount will be fully settled at the last
installment.
4. Since the appellants agreed to accept the total amount
of Rs. 1,90,00,000/- (Rupees One Crore Ninety Lakhs only), the
appellants and their respective legal heirs left their entire rights
in the schedule of property in O.S.No.966/90 on the file of the I
Additional Sub-Court, Madurai (M.M.P. Periakaruppan
Ambalam & Co and Sri Meenambigai Rice Mill and all other
properties in access thereto).
5. The Appellants hereby left all their future claims and
interest arising thereby in their future in the schedule of property
in O.S.No.966/90.
6. All the Exhibits filed by the Defendants/Respondents in
O.S.No.966/1990 on the file of the I Additional Sub-Court,
Madurai in hereby admitted by the Plaintiffs/Appellants are
admitted as true one.
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A.S(MD)No.873 of 1996
7. Both parties unanimously accept the settlement without
any influence or any force in any manner and signed in this
settlement on their own free will and consent.
8. The Appellants have every rights to continue the legal
proceedings in case of any failure on the part of the respondents
5 and 6 and agreeing the same, both parties signed hereunder in
the presence of their respective Advocates.
9. By signing this Agreement the parties hereto state that
they have no further claims or demands against each other with
respect to A.S.No.873/96 (Case No) and all disputes and
differences in this regard have been amicably settled by the
parties hereto through the process of conciliation /Mediation.”
2. The meditation report was filed on 02.11.2022 recording that
meditation was completed and the settlement agreement was enclosed.
3. Today (13.12.2022), the parties appeared along with their learned
counsels and acknowledged the settlement agreement before this Court also.
4. It is submitted that as per clause 6 B of the settlement agreement, the
respondents 5 and 6 agreed to pay a sum of Rs.25,00,000/- by way of Demand
Draft in favour of the appellants as first instalment before this Court.
5. In terms of the said clause, today (13.12.2022), the respondents 5 and
6 have produced the Demand Drafts in DD No.139279088 for a sum of
Rs.6,25,000/- (Six Lakhs Twenty Five Thousand only) in favour of
T.Ponmani, DD No.139279120 for a sum of Rs.6,25,000/- (Six Lakhs Twenty
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A.S(MD)No.873 of 1996
Five Thousand only) in favour of T.sivamurugan, DD No.139279106 for a
sum of Rs.6,25,000/- (Six Lakhs Twenty Five Thousand only) in favour of
T.Ponmani and DD No.139279113 for a sum of Rs.6,25,000/- (Six Lakhs
Twenty Five Thousand only) in favour of T.Rajini Rajesh towards first
instalments to the accrued sum of Rs.1,90,000/-. The receipt of the Demand
Draft is also acknowledged by the appellants.
6. The appeal is allowed. The joint compromise memo shall form part
and parcel of the decree. No costs. Consequently, connected miscellaneous
petition is closed.
13.12.2022
Index : Yes / No
Internet : Yes / No
sn
To
1.The I Additional Sub Court, Madurai.
2.The Record Keeper, Vernacular Records,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
A.S(MD)No.873 of 1996
N.MALA, J
sn
A.S.No.873 of 1996
13.12.2022
https://www.mhc.tn.gov.in/judis
