Selvapandian vs P.Thiyagarajan
2023 Latest Caselaw 12438 Mad

                                                                                     S.A. No. 486 of 2019

                                  IN T7HE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 13.09.2023

                                                          CORAM

                              THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

                                                  S.A. No.486 of 2019
                                                          and
                                                 C.M.P.No. 7873 of 2019

                     Selvapandian,
                     S/o. Vijayarangam                                          ... Appellant

                                                       Versus

                     P.Thiyagarajan,
                     S/o. Pattabiraman                                          ... Respondent


                     Prayer:- Second Appeal has been filed under Section 100 C.P.C., against

                     the judgment and decree dated 02.07.2018 passed in A.S.No. 11 of 2017 on

                     the file of the learned Sub-Judge, Puducherry confirming the judgment and

                     decree dated 29.11.2016 passed in O.S.No.1210 of 2008 on the file of the

                     learned I Addl. District Munsif, Puducherry.

                                     For Appellant              : Mr.Prakash Adiapadam

                                     For Respondent             : Mr.U.Karunakaran



                     1/5


https://www.mhc.tn.gov.in/judis
                                                                                        S.A. No. 486 of 2019

                                                         JUDGEMENT

Yesterday, when the matter taken up for hearing, both parties as well

as their counsels appeared in person and agreed to arrive a compromise and

also accepted to file a joint affidavit. Accordingly, the matter was

adjourned.

2. Today, when the matter taken up for hearing, both the learned

counsel for appellant and respondent appeared. A joint affidavit was filed

by appellant and respondent for the terms arrived between them and prayed

to pass a decree in terms of the said compromise in the above Second

Appeal.

3. Considering the facts and circumstances of the case and the fact

that they have settled the issue and to that effect, a joint affidavit was filed

by the appellant and respondent and the same is recorded. Considering the

same, these Appeal Suits are disposed of in terms of compromise on the

following terms and conditions:-

“In view of the compromise between the parties, the appellant

https://www.mhc.tn.gov.in/judis S.A. No. 486 of 2019

agreed to pay Rs.15,00,000/- (Rupees fifteen lakhs only) towards

the arrear of rent payable to the respondent is full and final

settlement and agreed to purchase the suit 'B' schedule property

i.e. 600 sq.ft. at the rate of Rs.20,500 per sq.ft. within 3 months

from today, 12.09.2023.

The respondent also agreed for the same to receive

Rs.15,00,000/- (Rupees fifteen lakhs only) towards the rent and

receive the sale consideration at the rate of Rs.20,500 per sq.ft.

for 600 sq.ft. for the 'B' schedule property within 3 months from

12.09.2023.

The appellant paid Rs.10 lakhs today and the respondent

acknowledged the receipt of the same and further the appellant

accept to pay the remaining Rs.5 lakhs towards arrears of rent

on or before 17.09.2023 and to receive the receipt for the same

from the respondent.

The appellant and the respondent agreed to withdraw and

discontinue all legal proceeding pending (O.S.126/2017,

O.S.1210/2008) at any court/forum in respect of the suit B

https://www.mhc.tn.gov.in/judis S.A. No. 486 of 2019

schedule property in the Second Appeal.”

The joint affidavit filed by the appellant as well as respondent shall form

part and parcel of the decree. No costs. Consequently, the connected Civil

Miscellaneous Petition is closed.

13.09.2023

rpp

To

Sub-Judge, Puducherry.

https://www.mhc.tn.gov.in/judis S.A. No. 486 of 2019

T.V.THAMILSELVI, J.

rpp

S.A. No. 486 of 2019

13.09.2023

https://www.mhc.tn.gov.in/judis