Madras High Court
K.R.Sakthivel Raja vs P.S.Balasubramanian on 17 October, 2022
A.S.(MD) Nos.288 & 289 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
A.S.(MD) Nos.288 & 289 of 2021
K.R.Sakthivel Raja ... Appellant in both appeals
-vs-
1.P.S.Balasubramanian
2.P.S.Kannan
3.P.S.Rajendiran
4.P.S.Gnaneswaran ... Respondents 1 to 4 in
[R3 is represented through both appeals
his Power Agent R2]
5.The District Collector
Virudhunagar District
Virudhunagar ... 5th Respondent in
A.S.(MD) No.289 of 2021
PRAYER (in A.S.(MD) No.288 of of 2021): Appeal filed under Section 96 read
with Rule 41, Rule 1 & 2 of the Code of Civil Procedure, against the order
dated 27.07.2021, passed in O.S.No.60 of 2017, on the file of the Principal
District and Sessions Court, Virudhunagar District @ Srivilliputhur.
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A.S.(MD) Nos.288 & 289 of 2021
PRAYER (in A.S.(MD) No.289 of of 2021): Appeal filed under Section 96 read
with Rule 41, Rule 1 & 2 of the Code of Civil Procedure, against the order
dated 27.07.2021, passed in O.S.No.85 of 2019, on the file of the Principal
District and Sessions Court, Virudhunagar District @ Srivilliputhur.
For Appellant : Mr.P.Mahendran
For R1 to R4 : Mr.S.Venkatesh
(in both appeals)
For 5th Respondent : Mr.G.V.Vairam Santhosh
(in A.S.(MD) No.289/2021) Additional Government Pleader for R5
COMMON JUDGMENT
[Judgment of the Court was made by R.MAHADEVAN, J.]
Challenging the common judgment and decree dated 27.07.2021,
passed in O.S.Nos.60 of 2017 & 85 of 2019, by the learned learned Principal
District Judge, Virudhunagar District @ Srivilliputtur, the appellant /
defendant has filed the present appeals.
2. Now, the parties have entered into a compromise and filed a
memo of compromise dated 27.07.2022. The said memo of compromise has
been signed by both the parties and their respective counsels.
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A.S.(MD) Nos.288 & 289 of 2021
3. The terms and conditions of the memo of compromise dated
27.07.2022, read as under:
“1. That the appellant / petitioner has agreed that he
would handover the possession of the schedule
premises mentioned in the above O.S.No.60 of 2017
to the Respondents / Landlords on 03.06.2022.
2. That both the parties have decided to withdraw the
personal allegations made against both parties in
their pleadings and evidences adduced in this
regard.
3. It is further agreed that the appellant / petitioner
can withdraw the amount of Rs.10.00 lakhs
deposited by the appellant in the Court of the
learned Principal District and Sessions Judge,
Virudhunagar District at Srivilliputhur and the
respondents have no objection whatsoever for such
withdrawn by the appellant, subject to the orders of
this Hon'ble Court.
4. The Respondents herein are at liberty to take such
further steps as owners of the suit properties
namely the Santhi Theatres i.e.both Shanthi Mini
A/c. and Shanthi along with the machineries
building, fittings, Projectors, Gen Set, Electrical
Fitting and EB Service connection etc., morefully
situate in the suit premises.
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A.S.(MD) Nos.288 & 289 of 2021
5. The Appellant will not have any interest, title,
possession or interest over the said properties.
6. The Respondents are at liberty to take further steps
for the smooth running of the said theatres by
moving the concerned authorities and the Appellant
or his agent shall not interfere with the actions of
the Respondents.
7. That both the parties hereby agree that there will
not be any future claims whatsoever against the
other party / parties with regard to the schedule
properties.
8. After signing this, anyone of the parties can submit
this to Hon'ble Court for recording this memo to get
the same recorded and get the Appeals disposed by
this Hon'ble Court based on this memo.
10. The licensing Authorities / Local bodies can act on this memo
and allow the Respondents to run the theatres smoothly by
obtaining necessary licenses and this the Appellant have no
objection.”
4. The memo of compromise dated 27.07.2022 is recorded.
5. The appeal suits are disposed of in terms of the memo of
compromise dated 27.07.2022, which shall form part of the records. In view
of the decision of the Hon'ble Apex Court in the case of High Court of
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A.S.(MD) Nos.288 & 289 of 2021
Judicature at Madras v. M.C.Subramaniam [(2021) (1) MWN (Civil) 433], it
is for the respondents 1 to 4 / plaintiffs to file necessary application before the
Trial Court for refund of Court fee and on filing such application, the Trial
Court shall consider the same and pass appropriate orders. No costs.
[R.M.D., J.] [J.S.N.P., J.]
17.10.2022
Index : Yes / No
Internet : Yes / No
krk
To:
1.The Principal District and Sessions Judge,
Virudhunagar District @ Srivilliputhur.
2.The District Collector,
Virudhunagar District,
Virudhunagar.
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A.S.(MD) Nos.288 & 289 of 2021
R.MAHADEVAN, J.
and
J.SATHYA NARAYANA PRASAD, J.
krk
A.S.(MD) Nos.288 & 289 of 2021
17.10.2022
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https://www.mhc.tn.gov.in/judis
