Madras High Court
R.Kalaimani vs M.Palaniammal on 28 June, 2023
A.S.No.103 of 2012 &
Rev.Appl.No.80 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2023
CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR
AND
THE HONOURABLE MR. JUSTICE C. KUMARAPPAN
A.S.No.103 of 2012 &
Rev.Appl. No.80 of 2014
and
M.P.No.1, 2, 4 of 2012 & 1 of 2013
A.S.No.103 of 2012 :
Sri Saravanan & Co.,
Partnership Firm,
Represented by its Managing Partners,
1.K.Ramasamy (died)
2.V.Balasubramanian (Retired)
1.R.Kalaimani
Partner, Sri Saravanan & Co.
2.R.Saravanan
Partner, Sri Saravanan & Co. ... Appellants
[A1 died and A2 retired. R.Kalaimani and
R.Saravanan, substituted as Managing Partners
in the place of A1 and A2 respectively,
vide order of Court dated 23.01.2023 made in
M.P.No.1 of 2015 in A.S.No.103 of 2012]
Page 1 of 8
https://www.mhc.tn.gov.in/judis
A.S.No.103 of 2012 &
Rev.Appl.No.80 of 2014
Vs.
M.Palaniammal ... Respondent
Prayer : Appeal Suit filed under Section 96 of Code of Civil Procedure
against the judgment and decree dated 29.09.2011 in O.S.No.14 of 2006 on
the file of the Additional District Court, Namakkal.
For Appellants : Mr.E.Senthil Kumar
for M/s.Sampath Kumar and Associates
For Respondent : Mr.C.Jagadish
Rev.Appl.No.80 of 2014 :
Sri Saravanan & Co.,
Partnership Firm,
Represented by its Managing Partners,
1.K.Ramasamy
2.V.Balasubramanian ... Review Petitioners
Vs.
M.Palaniammal ... Respondent
Prayer : Review Application filed under Order 47 Rule 1 read with Section
114 of Code of Civil Procedure to review the order dated 05.11.2013 passed
in M.P.No.2 of 2013 in A.S.No.103 of 2012.
Page 2 of 8
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A.S.No.103 of 2012 &
Rev.Appl.No.80 of 2014
For Petitioners : Mr.E.Senthil Kumar
for M/s.Sampath Kumar and Associates
For Respondent : Mr.C.Jagadish
JUDGMENT
(Judgment was delivered by S.S. SUNDAR, J.)
Defendants in the suit in O.S.No.14 of 2006 on the file of the
Additional District Court, Namakkal, are the appellants in the above appeal
in A.S.No.103 of 2012. Rev.Appl.No.80 of 2014 is filed by the appellants
in A.S.No.103 of 2012 to review the order, dated 05.11.2013, made by this
Court in M.P.No.2 of 2013 in A.S.No.103 of 2012.
2.The above Appeal is filed by the defendants as against the decree
for specific performance. When the appeal was heard by this Court, this
Court suggested settlement between the parties. Thereafter, the parties
appear to have negotiated for settlement and arrived at a consensus
regarding the terms. Learned counsel on either side, earlier, reported
settlement and promised to file memo of compromise before this Court.
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A.S.No.103 of 2012 &
Rev.Appl.No.80 of 2014
3.Today, a memo of compromise, dated 26.06.2023, signed by the
parties, is produced before this Court. The memo of compromise is signed
by the parties in the presence of their respective counsel. The appellants are
present before this Court and they have stated before this Court that the
compromise memo was signed by them on their own volition. The
respondent got permission from this Court to appear virtually. Accordingly,
her presence through virtual mode is recorded. Learned counsel
representing the parties state that they had verified the identity of the
parties.
4.As per the joint memo of compromise, the parties have agreed to the
following terms :
“1.The appellants agree to pay the sum of Rs.20,00,000/-
being the advance sale consideration together with interest at
the rate of 12% per annum from the date of the sale agreement,
i.e. 11.12.2003 till date of realization i.e. Rs.67,74,000/-
(Rupees Sixty Seven Lakhs and Seventy Four Thousand only)
(Rs.20,00,000/- advance sale consideration + Rs.47,74,000/-
https://www.mhc.tn.gov.in/judis
A.S.No.103 of 2012 &
Rev.Appl.No.80 of 2014
as interest on Rs.20,00,000/- till 31.10.2023) and the cost of
Rs.2,40,856/-, in all a sum of Rs.70,14,856/- (Rupees Seventy
Lakhs Fourteen Thousand Eight Hundred and Fifty Six only) in
full and final quit of all the claims in the suit in O.S.No.14 of
2006, on the file of the Additional District Court, Namakkal..
2.The appellants undertake to comply with clause 1 of
this Memorandum of compromise within a period of four
months from the date of signing this Joint compromise memo,
i.e. on or before 31.10.2023. The appellants and the
respondent agree that till the payments are made by the
appellants to the respondent, the respondent shall have a
charge over the suit property forming subject matter of the suit
in O.S.No. 14 of 2006, on the file of the Additional District
Court, Namakkal.
3.On compliance of payments mentioned in the clause 1
supra, the respondent shall withdraw the sum of Rs.4,50,000/-
being the balance sale consideration deposited in Court with
accrued interest.
4.The respondent shall return the original title deed
pertaining to the suit property on due realization of the monies
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A.S.No.103 of 2012 &
Rev.Appl.No.80 of 2014
due to her as per clause 1 supra.
5.The Appellants and the respondent agree that on the
failure of the appellants to repay the entire sum as per clause 1
of this joint memorandum of compromise, the decree for
specific performance granted by the Trial Court in O.S.No.14
of 2006, on the file of the Additional District Court, Namakkal,
dated 29.09.2011, shall stand confirmed.
6.This memorandum of compromise settles all the
disputes between the parties and the parties covenant that
there is no further or other claims against each other.
7.The respondent is unable to sign her name because of
her age and hence she is affixing her left thumb impression.”
5.Having regard to the nature of agreement entered into between the
parties, the above appeal in A.S.No.103 of 2012 stands disposed of in terms
of the compromise memo dated 26.06.2023. Since the main appeal itself is
disposed of in terms of the compromise memo, the Review Application in
Rev.Appl.No.80 of 2014 to review an order passed in the miscellaneous
petition in the appeal, stands closed. The joint memo of compromise filed
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A.S.No.103 of 2012 &
Rev.Appl.No.80 of 2014
before this Court shall form part of records. No costs. Consequently,
connected miscellaneous petitions are closed.
6.The appellants are entitled to refund of Court Fee. Therefore, on
application, Registry may refund the Court Fee.
(S.S.S.R., J.) (C.K., J.)
28.06.2023
mkn
Internet : Yes
Index : Yes / No
To
1.The Additional District Judge,
Namakkal.
2.The Section Officer, | with a direction to return
VR Section, High Court, | the records to the Court below,
Chennai. | if any, forthwith
https://www.mhc.tn.gov.in/judis
A.S.No.103 of 2012 &
Rev.Appl.No.80 of 2014
S.S. SUNDAR, J.
and
C.KUMARAPPAN, J.
mkn
A.S.No.103 of 2012 &
Rev.Appl. No.80 of 2014
28.06.2023
https://www.mhc.tn.gov.in/judis
