S.Kamalasaraswathi vs J.Rajam Biruntha
2023 Latest Caselaw 12508 Mad

                                                                           A.S.No.476 of 2020

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                     Dated : 14.09.2023

                                                         CORAM:
                                  THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI

                                                    A.S.No.476 of 2020
                                                 and CMP.No.6105 of 2020

                     S.Kamalasaraswathi                                               ... Appellant
                                                          Vs.

                     J.Rajam Biruntha
                     ...Respondent

                     Prayer : Appeal filed under Section 96 of CPC., to set aside the Judgment
                     and Decree dated 26.09.2019 passed in O.S.No.75 of 2016 on the file of
                     the First Additional District Court, Erode.


                                              For Appellant  : Mr.J.Titus Enock
                                                                For Mr.C.Vasudevan
                                              For Respondent : Mr.M.Guruprasad

                                                      JUDGMENT

Today, when the matter is taken up for hearing, both the parties

along with their respective counsels are present.

2. The learned counsel for the appellant submitted that the

https://www.mhc.tn.gov.in/judis A.S.No.476 of 2020

appellant filed an affidavit of undertaking agreeing to settle a sum of

Rs.12,00,000/- in full and final settlement in respect of suit claim.

Further, the learned counsel for the appellant submitted that he paid a

sum of Rs.5,00,000/- (Rupees Five Lakh only) by way of Demand Draft

No.257695 dated 11.09.2023 and the remaining amount of Rs.7,00,000/-

(Rupees Seven Laksh) wiil be paid by the appellant within a period of

three months from today i,e., 14.09.2023.

3. The learned counsel for the respondent submitted that the

appellant had already dragged on the proceedings for more than 2 years

and he raised objection with regard to further extension of time for

another 3 months. Therefore, he prayed to create charge over the suit

property, till the entire payment was made within 3 months.

4. During the pendency of the suit, the appellant/defendant sold his

property. As per the decree, the suit property belongs to the appellant.

Therefore, till settling the amount within 3 months, a charge over the suit

property shall continue till the final payment is made.

https://www.mhc.tn.gov.in/judis A.S.No.476 of 2020

5. The affidavit of undertaking filed by the appellant is recorded.

Accordingly, this appeal is disposed of. The affidavit filed by the

appellant herein shall form part and parcel of decree. Consequently,

connected miscellaneous petition is closed. No costs.

6. Registry is directed to refund the full Court fee as paid by the

appellant.

7. Post the matter on 20.12.2023 for reporting compliance.

14.09.2023

Speaking / Non Speaking order Neutral Citation : Yes/No Index :Yes/No msrm

To

1. The First Additional District Judge, Erode.

2. The Section Officer, VR Section.

https://www.mhc.tn.gov.in/judis A.S.No.476 of 2020

T.V.THAMILSELVI, J.

msrm

A.S.No.476 of 2020

14.09.2023

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