Madras High Court
S.Jothilakshmi @ Jothi vs Fathima Taslim on 7 August, 2023
S.A.No.624 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2023
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
S.A.No.421 of 2023
and C.M.P.Nos.12834 & 17351 of 2023
1.S.Jothilakshmi @ Jothi
2.M.H.Samir ... Appellants
Vs.
1.Fathima Taslim
2.Dr.S.K.Hassan Basha
3.Y.Soosai Fidelise
4.M.Suresh ... Respondents
PRAYER: Second Appeal filed under Section 100 of C.P.C., against the
judgement and decree made in A.S.No.46 of 2018 on the file of the learned
Principal District Judge, Chengelpet dated 19.01.2023 by dismissing the
appeal and confirming judgement and decree made in O.S.No.301 of 2012 on
the file of the learned Sub Judge, Tambaram dated 31.10.2018.
For Appellants : Mrs.R.Thenmozhi
For Respondents : Mr.Adinarayana Rao
Counsel for Caveator
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S.A.No.624 of 2021
JUDGMENT
This Second Appeal has been filed against the Judgement and Decree
made in A.S.No.46 of 2018 on the file of the learned Principal District Judge,
Chengalpet dated 19.01.2023, dismissing the appeal and confirming the
Judgement and Decree in O.S.No.301 of 2012 on the file of the learned Sub
Judge, Tambaram dated 31.10.2018.
2. During the earlier hearings, the learned counsels suggested that the
parties would attempt to settle the matter amicably between them. Based on
the suggestions, the parties discussed among themselves and they have
arrived at settlement out of Court and settlement shows that the parties have
compromised and settled the disputes amicably between them and a memo of
compromise dated 07.08.2023 has been filed before this Court.
3. For better appreciation the relevant contents of the memo of
compromise dated 07.08.2023 is extracted hereunder:-
“The 1" Appellant is S.Jothilakshmi @Jothi,
D/o.A.Subramanian, Wo.M.H.Samir, Hindu,
aged...years, residing at No.3, Senthil Murugan
Street, Srinivasa Nagar, Peerkankaranai, New
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S.A.No.624 of 2021
Perungulathur, Chennai-600 063.
1.a) The 2nd Appellant is M.H.Samir, S/o.Moahmmed
Hanifa, Muslim, aged...years, residing at No.3.
Senthil Murugan Street, Srinivasa
Nagar,Peerkankaranai, New Perungulathur, Chennai-
600 063., herein after called party of the first part;
2). The 1" Respondent is Mrs.Fathima Taslim, W/o
Mr.S.K.Hussan Basha Muslim, aged 52 years,
residing at No.11, Sivshanmugham Street, Tambaram,
Chennai- 600 045.
2a. The 2 Respondent is Dr.S.K.Hassan Basha, S/o
Khaja Mohideen, Muslim, aged 64 years, residing at
No.11. Sivshanmugham Street, Tambaram, Chennai-
600 045., hereinafter called party of the second part;
3. The terms and expressions "PARTY OF FIRST
PART" AND "PARTY OF THE SECOND PART" unless
repugnant to the contexts wherever the contexts so
require or admit or permit and wherever the contexts
may occur in these presents shall similarly mean and
include all the parties herein, their respective heirs,
Legal Representatives, Successors, Agents, Nominees,
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S.A.No.624 of 2021
Administrators, Executors and Assigns
WITNESSETH;
4. The party of first part filed the above second
Appeal No.421 of 2023 against the party of the
second part to set aside the Judgment and Decree
made in A.S.No.46 of 2018 on the file of the Learned
Principal District Judge, Chengelpet dated
19.01.2023. when the matter came up for admission,
the Hon'ble court suggested both the parties to come
for compromise after speaking with the respective
parties and hence there was a compromise arrived in
the following terms and conditions.
A. The party of the FIRST PART has agreed to receive
an sum of Rs. 12,00,000/-(Rupees Twelve
Lakhs) towards full and final settlement towards Suit
Schedule Mentioned Property and the Party of the s
second Part has Paid the same by way of cash Today
and the receipt of the is also Acknowledged by the
Party of the First Part Appellants.
B. The party of the first part undertakes not proceed
with the criminal case in C.C.No.-9 of 2019 on the file
of judicial magistrate, Tambaram will co-operate
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S.A.No.624 of 2021
for quashing the charge sheet or to withdraw or to
close the case against the Party of the second Part
and others and give quietus to the entire issues.
C. The party of the first part hereby declare that, they
will not claim any money or suit schedule property
i.e., Plot No-2, Measuring 1488 sqft and Plot No-3,
measuring 1364 sqft, totally measuring 2852 sqft,
comprised in Survey No- 381, sub-divided as Survey
No- 381/1 Part, No-29, Mudichur Village, Tambaram
Taluk, Chengalpet District, in future against the party
of the second part and also confirm that they have no
claim against Party of the Second Part whatsoever.
D. The party of the second part also confirms that,
they have no claim against Party of the First
Part/Appellants and all issues remain settled once
and for all.
E. The party of the first part further agreed that they
will not Disturb or Trouble or initiate any
proceedings in near future against the party of the
second part OR the Brokers who facilitated for sale
and purchase of the Property since All the issues
remain settled amicably.
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S.A.No.624 of 2021
F. The above compromise has been arrived out of
consent, free will and not out of any force,
inducement or coercion and only to purchase peace.
G. Both The parties consent and agree for Disposal of
the above second appeal based on the above terms of
compromise.
Dated at Chennai that the 7 day of August 2023”
4. The learned counsel for the appellants would submit that in view of
the compromise, the appellants have received an amount of Rs.12 lakhs
towards full and final settlement in respect of the dispute/suit schedule
property and the appellants have no claim whatsoever as against the property.
The appellants have also agreed to co-operate for quashing of the proceedings
pending against the respondents and others in respect of CC.No.9 of 2019 on
the file of the Judicial Magistrate, Tambaram.
5. The learned counsel would reiterate that the appellants have no
claim whatsoever in respect of suit schedule property in Plot No-2,
Measuring 1488 sqft and Plot No-3, measuring 1364 sqft, totally measuring
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S.A.No.624 of 2021
2852 sqft, comprised in Survey No- 381, sub-divided as Survey No- 381/1
Part, No-29, Mudichur Village, Tambaram Taluk, Chengalpet District. She
would submit that appeal may be disposed of and the Judgement and Decree
passed by both the Courts below may be confirmed.
6. Mr.Adinarayana Rao, learned counsel appearing for the respondent
would submit that in view of the compromise, the respondent have paid an
amount of Rs.12 lakhs towards full and final settlement. He would submit
that the respondents are in possession of the property and all the original
documents are also with the custody of the respondents.
7. Both the appellants and respondents are present before this Court,
this Court also enquired them and confirmed that the matter has been
compromised between them and the appellants also admitted to having
received a sum of Rs.12,00,000/- (Rupees Twelve Lakhs only) towards full
and final settlement and that they have no claim whatsoever in respect of the
disputed property/suit schedule property.
8. In view of the above, the second appeal is disposed of on the terms
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S.A.No.624 of 2021
of the memo of compromise dated 07.08.2023 and the Judgement and Decree
passed by the Courts below stands confirmed. Consequently connected
miscellaneous petitions are closed. The memo of compromise dated
07.08.2023 shall form part of the Court records.
07.08.2023
mpa
Index : Yes / No
Speaking / Non-speaking
Neutral Citation : Yes / No
To
The Section Officer, VR Section, High Court of Madras.
A.D.JAGADISH CHANDIRA.,J.
mpa
https://www.mhc.tn.gov.in/judis S.A.No.421 of 2023
S.A.No.624 of 2021
and C.M.P.Nos.12834 & 17351 of 2023
07.08.2023
https://www.mhc.tn.gov.in/judis
