Madras High Court
Sundaresan vs / on 11 December, 2023
Author: S.Srimathy
Bench: S.Srimathy
S.A.(MD).No.114 of 2017
THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.12.2023
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
S.A.(MD).No.114 of 2017
and
C.M.P.(MD)No.1961 of 2017
Palaniyappan (Died)
1.Sundaresan
2.Ramasamy ... Appellants
/Vs./
Sihappy ...Respondent
PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
Code against the Judgment and Decree, dated 24.02.2015, made in
A.S.No.11 of 2012 on the file of the District Judge, Sivagangai, reversing
the Judgment and Decree in O.S.No.28 of 2009, dated 14.03.2012, on the
file of Subordinate Judge, Sivagangai.
For Appellants : Mr.S.Muthumalai Raja
For Respondent : Mr.M.Kaliraj
*****
1/9
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S.A.(MD).No.114 of 2017
JUDGMENT
Pending second appeal, this Court directed the parties to settle the
issue. The Learned Counsels appearing on both sides took earnest effort
to amicably settle the issue and the parties have settled themselves. To
this effect, a compromise memo is filed
2. It is submitted that the respondent is bed ridden and has
instructed her husband to record the compromise and the respondent
have filed an affidavit to this effect.
3. The Joint Compromise Memo is extracted hereunder:
“JOINT COMPROMISE MEMO
1. It is humbly submitted that the respondent/ Plaintiff originally
preferred a suit against the Palaniyappan (the father of the
present appellants) in O.S. No. 28 of 2009 before the Sub-Court
Sivagangai and the same was dismissed vide Judgment and
Decree dated 14.03.2012. The appeal preferred by the
respondent herein challenging the said Judgment and Decree
came to be allowed and the suit was decreed in favour of the
respondent herein vide Judgment and Decree made in A.S.No. 11
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of 2012dated 24.02.2015 on the file of the Principal District
Court, Sivagangai. Pending the Appeal Suit, the appellant's
father Palaniyappan died and hence the appellants herein were
brought on record as the legal heirs of the deceased
Palaniyappan. Aggrieved by the Judgment and Decree of the
First Appellate Court, the appellants preferred the subject Second
Appeal before this Hon'ble High Court.
2. It is humbly submitted that during the pendency of the subject
Second Appeal,a compromise was entered into on 07.12.2023
between the parties. It is pertinent to mention here that Sihappy
(Respondent) is bed ridden due to a Fire Accident and hence, she
is not able to appear before this Hon'ble Court. Hence, the
respondent herein authorized her husband namely Vairavan to
settle the issue and he also appeared before this Hon'ble Court on
earlier occasions.
3. It is humbly submitted that according to the parties, the sum
accrued as on 07.12.2023 arising out of the subject loan
transaction comes to a sum of Rs. 6,80,357/- (As per calculation
memo dated 07.12.2023 filed by the respondent in the subject
second appeal). Likewise, the amount due to be paid by the
respondent's husband namely Vairavan towards rent payable as
per the rent agreement between the deceased Palaniappan and
the respondent's husband Vairavan comes to a tune of Rs.
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3,11,000/- (As per calculation memo dated 07.12.2023 filed by
the appellants in the subject second appeal). Now both the
parties decided to right-off the respective due amounts as
mentioned above.
4. It is humbly submitted that the respondent's husband namely
Vairavan is occupying the shop premises situated at D. Nos. 4/15,
4/16 and 4/17 situated at Amman Sananthi Street,
Keelasevelpatti, ThirupathurTaluk, Sivaganga District as a
tenant vide above rent agreement. The respondent's husband
Vairavan do hereby agree to vacate the godown situated at D.
No. 4/16 and hand over the possession to the appellants on or
before 31.03.2024. The remaining two shops situated at D. Nos.
4/15 and 4/17 shall be vacated and its possession shall be handed
over to the appellants on or before 31.12.2026 on terms that the
advance amount a sum of Rs.65,000/- under the above rental
agreement shall be paid by the appellants to the respondent's
husband namely Vairavan simultaneously at the time of vacating
the shop premises. The respondent further agree that the revised
rent a sum of Rs. 3,000/- would be paid every month commencing
from the month of January, 2024 till the respondent's husband
vacate the shop premises.
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5.Accordingly, appellants and the respondent and the
respondent's husband namely Vairavan settled the issues between
them amicably by agreeing for the following conditions:
i) The respondent's husband namely Vairavanshall vacate the
godown bearing D. No.4/16 situated at Amman Sananthi Street,
Keelasevelpatti, ThirupathurTaluk, Sivagangai District within 3
months, i.e., on or before 31.03.2024.
ii) The respondent's husband namely 'Vairavan' shall vacate the
remaining 2 shops situated at D. Nos. 4/15 and 4/17 at Amman
Sananthi Street, Keelasevelpatti, Thirupathur Taluk,
SivagangaDistrict and hand over its possession to the appellants
on or before 31.12.2026.
iii) The respondent's husband agrees to pay the revised rent a
sum of Rs.3,000/- every month commencing from 01.01.2024 till
vacating of the shop premises situated at D. Nos. 4/15 and 4/17
at Amman Sananthi Street, Keelasevelpatti, ThirupathurTaluk,
Sivaganga District.
iv) The appellants shall return the advance amount a sum of Rs.
65,000/- to the respondent paid under the rental agreement
between the respondent's husband Vairavan and deceased
'Palaniyappan' simultaneously at the time of vacating the shop
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premises situated at D. Nos.4/15 and 4/17 at Amman Sananthi
Street, Keelasevelpatti, Thirupathur Taluk, Sivaganga District.
v) The appellants and respondent agrees to write-off the amount
due under the subject loan transaction a sum of Rs. 6,80,357/-
payable to the respondent entirely towards the arrears of rent due
a sum of Rs. 3,11,000/- to be paid by the respondent's husband
namely Vairavan. The appellants and the respondent or the
husband of the respondent shall not make any claim with respect
to above amount in future.
vi) The appellants hereby undertake that they will not pursue the
suit in O.S.No. 129 of 2006 on the file of the District Munsif Cum
Judicial Magistrate, Thiruppattur filed by their father namely
'Palaniyappan' against the husband of the respondent namely
'Vairavan' which was dismissed for default on 06.07.2016.
vii) The respondent and his wife are agreed to appear before the
Sub-Registrar Office, Thirupathur and revoke the mortgage
which was registered on 17/04/1997.
6. The appellants, respondent and her husband namely Vairavan'
agreed for the above terms of compromise on their own volition
without any compulsion from any others.
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Hence it is therefore humbly prayed that this Hon'ble Court may
be pleased to accept the compromise memo and may pass the
suitable orders in the subject Second Appeal and thus render
justice.
Dated at Madurai on this day of December 2023
-Signed- -Signed-
Appellant Respondent
-Signed- -Signed-
Counsel for Appellant Counsel for Respondent”
4. The second appeal is disposed of based on the joint compromise
memo. The joint compromise memo shall form part and parcel of the
Judgment and Decree. The Lower Court Judgment and Decree is
modified to the extent stated in the joint compromise memo.
5. No costs. Consequently, connected miscellaneous petition is
closed.
11.12.2023
Index : Yes / No
NCC : Yes / No
Tmg
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TO:
1. District Judge, Sivagangai
2. Subordinate Judge, Sivagangai.
3. The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
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S.SRIMATHY, J.
Tmg
Judgment made in
Dated:
11.12.2023
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