C.K.Chandran vs K.Nanu (Died)
2023 Latest Caselaw 13282 Mad

                                                                      S.A. Nos.188 of 2009 & 758 of 2011

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 27.09.2023

                                                       CORAM

                              THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

                                          S.A. Nos.188 of 2009 & 758 of 2011
                                                          and
                                            M.P.Nos. 1 of 2009 & 1 of 2011

                     S.A.No.188 of 2009

                     C.K.Chandran
                     S/o. P.T.Nanu                                      ... Appellant in
                                                                            both S.A.s

                                                    Versus

                     K.Nanu (died)

                     2. Madhavi,
                        W/o. K.Nanu

                     3. Nirmala,
                        W/o. Ragunathan

                     4. Regilan,
                        S/o. K.Nanu

                     5. Thilipan
                        S/o. K.Nanu                                   .. Respondents in
                                                                         S.A.No.188 of 2009



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                                                                     S.A. Nos.188 of 2009 & 758 of 2011



                     1. P.T.Nanu,
                        S/o. late Kannan

                     2. Madhavi,
                        W/o. P.T.Nanu

                     3. Nirmala,
                        W/o. Ragunathan

                     4. Regilan,
                        S/o.P.T.Nanu

                     5. Thilipan
                        S/o. P.T.Nanu                                ... Respondents in
                                                                         S.A.No.758 of 2011
                     Prayer in S.A.No.188 of 2009 :- Second Appeal has been filed under
                     Section 100 C.P.C., against the judgment and decree dated 16.10.2008
                     passed in A.S.No. 180 of 2008 on the file of learned III Addl. Judge, City
                     Civil Court, Chennai confirming the judgment and decree passed in
                     O.S.No.5743 of 2004 dated 23.08.2007 by the learned IV Asst. Judge, City
                     Civil Court, Chennai.


                     Prayer in S.A.No. 758 of 2011 :- Second Appeal has been filed under
                     Section 100 C.P.C., against the judgment and decree dated 29.01.2011
                     passed in A.S.No. 449 of 2008 on the file of the court of the Additional
                     District Judge (Fast Track Court No.IV), Chennai confirming the judgment
                     and decree passed in O.S.No.3708 of 2004 dated 23.08.2007 by the learned
                     IV Asst. Judge, City Civil Court, Chennai.

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                                                                             S.A. Nos.188 of 2009 & 758 of 2011

                                        For Appellant            : Mr.T.Dhanasekaran
                                         in both S.A.s

                                        For Respondents
                                         in S.A.No.188 of 2009 : R1 - died

                                                                 Mr.C.Girish Babu for R2 to R5
                                        For Respondents
                                         in S.A.No.758 of 2011 : R1 – died

                                                                 Mr.C.Rajan for R2 to R5

                                                   COMMON JUDGEMENT


                                  Today, when the matters taken up for hearing, both learned counsel

                     for appellant and respondents 2 to 5 appeared. Already these matters were

                     referred to mediation and the report from the Mediation Centre is received.

                     Before the Mediation and Conciliation Centre of this court, settlement was

                     arrived amicably between the parties and a settlement agreement was

                     executed by both parties.

                                  2. As per the terms of settlement agreement, both parties have settled

                     the issue. Accordingly, as per the terms arrived between them, a cheque, the

                     respondents have agreed to pay a sum of Rs.11,00,000/- to the appellant and

                     on such payment, the appellant agreed to hand over the key by vacating the

                     property. So, as per the said agreement, the respondents have issued a

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                                                                      S.A. Nos.188 of 2009 & 758 of 2011

                     bankers cheque for a sum of Rs.11,00,000/- (Rupees eleven lakhs only)

                     bearing No.678770 dated 21.09.2023 drawn in favour of appellant, which

                     was received by the appellant in open court, thereby key also handed over to

                     the respondents in open court. Accordingly, these Second Appeals are

                     disposed of in terms of the Settlement Agreement. The said Settlement

                     Agreement dated 22.09.2023 shall form part and parcel of this judgment.

                     No costs. Consequently, connected Miscellaneous Petitions are closed.



                                                                              27.09.2023
                     rpp

                     To

                     1. IV Asst. Judge,
                        City Civil Court, Chennai.

                     2. Addl. District Judge,
                        (Fast Track Court IV)
                        Chennai.




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                                  S.A. Nos.188 of 2009 & 758 of 2011




                                  T.V.THAMILSELVI, J.

rpp

S.A. Nos.188 of 2009 & 758 of 2011

27.09.2023

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