Madras High Court
Dr.V.Siddharthan vs V.Rajamani on 31 January, 2023
A.S.Nos.824 to 826 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.01.2023
CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR
AND
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
A.S.Nos.824 to 826 of 2009
and
M.P.Nos.1, 2 & 2 of 2009
Dr.V.Siddharthan ... Appellant
in all appeals
Vs.
1.V.Rajamani
2.Chinnal @ Kariyagoundachi
3.Sampath Kumar
4.G.Palaniyappan ... Respondents
in A.S.No.824 of 2009
1.The District Revenue Officer,
O/o. The Collectorate,
Salem.
2.The Tahsildar,
Taluk Office,
Yercaud,
Salem District.
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A.S.Nos.824 to 826 of 2009
3.The Village Administrative Officer,
Kottachedu,
Yercaud Taluk,
Salem District.
4.V.Rajamani ... Respondents
in A.S.No.825 of 2009
1.Sampath
2.Matheena
3.Palaniappan
4.Chinnammal @ Kariya Goundachi
5.Vellayee
6.Vellaiyan
7.Selvam
8.A.T.Balu
9.V.Rajamani ... Respondents
in A.S.No.826 of 2009
Common Prayer : Appeal Suits in A.S.Nos.824, 825 and 826 of 2009 filed
under Section 96 of Code of Civil Procedure against the judgment and
decree dated 05.11.2008 in O.S.Nos.144, 105 and 107 of 2007 respectively
on the file of the Additional District Judge (Fast Track Court No.II), Salem.
For Appellant : Mr.V.Ayyadurai
for Mr.V.B.Perumal Raj
in all appeals
For Respondents : Mr.K.Selvaraj
for R1 in A.S.No.824 of 2009;
for R4 in A.S.No.825 of 2009 &
for R3,R5& R9 in A.S.No.826 of 2009
https://www.mhc.tn.gov.in/judis
A.S.Nos.824 to 826 of 2009
: R2 to R4 in A.S.No.824 of 2009
given up vide this order
dated 31.01.2023
: Father name differs
for R6 & R7 in A.S.No.826 of 2009
: No appearance
for R1 to R3 in A.S.No.825 of 2009
for R1, R2, R4, R8
in A.S.No.826 of 2009
COMMON JUDGMENT
(Judgment was delivered by S.S. SUNDAR, J.)
Today, learned counsel for the 1st respondent, who is the plaintiff in
the suit, has filed a memo, dated 31.01.2023, on behalf of the 1st
respondent/plaintiff in O.S.No.144 of 2007 stating that, since no relief is
claimed as against defendants 2 to 4 in the suit in O.S.No.144 of 2007, he
has given up as against defendants 2 to 4 from the array of parties in the suit
itself. The said memo is recorded.
2.A Joint Memorandum of Compromise, dated 31.01.2023, signed by
the appellant and the 1st respondent/V.Rajamani is produced before this
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A.S.Nos.824 to 826 of 2009
Court today. The Joint Memorandum of Compromise is signed by the
appellant, the 1st respondent and the counsel for the appellant and the 1 st
respondent. The learned counsels representing the appellant and the 1 st
respondent have also identified the parties who are present before this Court
today. The terms of the compromise are as follows :
“4) By way of several rounds of talks they have arrived at
settlement to put an end in respect of their entire disputes as
per the following terms and conditions:
a) The 1st respondent Mrs. V.Rajamani has agreed to pay
Rs.45,00,000/- (Rupees Forty Five Lakhs only) in total
to Dr.V.Siddharthan the appellant herein within two
months from today. It is also agreed that
Dr.V.Siddharthan is entitled to get the sum of
Rs.15,00,000/-(Rupees Fifteen Lakhs only) deposited
by him in the Court deposit.
b) The appellant Dr.V.Siddharthan upon receipt of the
said Rs.45,00,000/- (Rupees Forty Five Lakhs only)
declares that Mrs. V.Rajamani is the absolute owner of
the properties morefully described in the Schedule
hereunder.
c) The appellant Dr.V.Siddharthan hereby agrees that
Sale-deed dated 16.02.2001 executed by Mrs.
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A.S.Nos.824 to 826 of 2009
V.Rajamani in favour of Dr.V.Siddharthan, the
appellant herein, as void subject to compliance of
clause (a) & (b) of this Memo.
d) The appellant Dr.V.Siddharthan agrees that the
physical Possession of the Schedule properties shall be
delivered to the 1" respondent Mrs. V.Rajamani on
payment of the above said amounts
e) The parties hereby agree to register or index this
Compromise Decree in the concerned Sub-Registrar
Office at the expenses of Mrs.V.Rajamani.
f) The parties hereby agree to bear their own costs.
g) The parties to this Joint Memorandum Compromise
agree to dismiss the other appeals in A.S.No:825 &
826/2009 in view of the above terms of compromise.”
3.The parties as well the counsels appearing for them requested this
Court to dispose of these appeals and pass a decree in terms in the Joint
Memorandum of Compromise. Having regard to the terms of the
compromise and the request of the learned counsel on either side, this Court
is inclined to dispose of these appeals in terms of the Joint Memo of
Compromise.
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A.S.Nos.824 to 826 of 2009
4.Accordingly, these appeals are disposed of in terms of the Joint
Memorandum of Compromise. The terms of the Joint Memorandum of
Compromise, dated 31.01.2023, shall form part of records. No costs.
Consequently, connected miscellaneous petitions are closed.
5.As agreed by the parties, the appellant is permitted to withdraw the
money which was deposited by the appellant before the lower Court, lying
to the credit of the suit.
(S.S.S.R., J.) (A.A.N., J.)
31.01.2023
mkn
Internet : Yes
Index : Yes / No
To
1.The Additional District Judge
(Fast Track Court No.II),
Salem.
2.The Section Officer,
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A.S.Nos.824 to 826 of 2009
VR Section, High Court,
Chennai.
S.S. SUNDAR, J.
and
A.A.NAKKIRAN, J.
mkn
A.S.Nos.824 to 826 of 2009
31.01.2023
https://www.mhc.tn.gov.in/judis
