Madras High Court
Gopalakrishnan vs Karthick on 23 October, 2024
Author: J. Nisha Banu
Bench: J. Nisha Banu
A.S.No.806 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.10.2024
CORAM
THE HONOURABLE MRS. JUSTICE J. NISHA BANU
&
THE HONOURABLE MRS.JUSTICE R.KALAIMATHI
A.S.No.806 of 2023
and CMP.No.28655 of 2023
Gopalakrishnan ... Appellant
Vs.
1.Karthick
2.Elangovan ... Respondents
Prayer : Appeal suit filed under Section 96 and Order 41, Rule 1 of CPC, as
against the decree and judgment dated 07.09.2023 made in O.S.No.213 of 2022 on
the file of III Additional District Court, Kallakurichi.
For Appellant : Mr.K.Thenrajan
For Respondents : Mr.R.Bharathkumar
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A.S.No.806 of 2023
JUDGMENT
[Judgment of the Court was made by J.NISHA BANU, J.]
This Appeal suit is filed by the appellant/defendant as against the decreetal
of the suit in O.S.No.213 of 2022 dated 07.09.2023.
2. Today, the parties are present before this court and a joint memorandum
of compromise has been filed on behalf of the appellant/defendant and the
respondents/plaintiffs duly signed by the parties and attested by the respective
counsel. The joint memorandum of compromise is extracted hereunder:-
“1.The respondents herein filed a suit in O.S.No.213 of 2022
on the file of III Additional District Court, Kallakurichi against the
appellant herein for Specific Performance of an Agreement of Sale
dated 31.01.2021. After contest, the said suit was decreed by the
judgment and decree dated 07.09.2023, directing the appellant
herein to execute the sale deed in favour of the respondents herein
within a period of one month and pay the cost of Rs.4,37,270/-
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(Rupees Four lakhs thirty seven thousand two hundred and seventy
only).
2. It is submitted that aggrieved by the said judgment and
decree, the appellant herein filed the above Appeal Suit before this
Hon'ble Court. During the pendency of the above Appeal, at the
request of both the parties, they were directed to appear before the
Mediation Centre to explore the possibility of Settlement. However,
there was no consensus arrived at between the parties and the
Mediation was failed.
3. It is submitted that at the advice of well-wishers, now the
parties have mutually decided to settle their disputes and
accordingly decided to reduce the terms and conditions in the
following manner:-
a) The appellant has agreed to refund the advance sale consideration
of Rs.40,00,000/- (Rupees Forty lakhs only) received by him from
the respondents i.e. Rs.5,00,000/- on 28.12.2020, Rs.20,00,000/- on
31.01.2021, Rs.10,00,000/- on 12.03.2021 and Rs.5,00,000/- on
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15.11.2021 together with interest @ 18% per annum from the date
of respective payments till 15.09.2024 i.e., Rs.40,00,000/- +
Rs.25,05,000/- towards interest = Rs.65,05,000/- (Rupees Sixty Five
lakhs and Five thousand only) and together with the amount paid by
the respondents towards court fees i.e.,Rs.3,30,000/- totalling
Rs.68,35,000/- (Rupees Sixty Eight lakhs thirty five thousand only).
The respondents have agreed to receive the same and rescind the
contract.
b) The appellant has today paid a sum of Rs.68,35,000/-
(Rupees Sixty Eight lakhs thirty five thousand only) to the
respondents herein in the following manner:-
(i) Rs,15,00,000/- (Rupees fifteen lakhs only) by way of
Demand Draft bearing No.797744 dated 22.10.2024 drawn on
Union Bank of India, Kolathur Branch, drawn in favour of the 2nd
respondent herein (Mr.Elangoven) ; and
(ii) Rs.53,35,000/- (Rupees Fifty three lakhs thirty five
thousands only) paid by cash today to the respondents.
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c) The respondents are entitled to withdraw a sum of
Rs.70,00,000/- (Rupees Seventy lakhs only) deposited by them
towards balance sale consideration to the credit of O.S.No.213 of
2022, on the file of III Additional District Court, Kallakurichi on
27.08.2023 with accrued interest immediately. The appellant has no
objection for the same.
d) The respondents have no right, title, interest or whatsoever
over the suit schedule property hereafter. The appellant is entitled to
deal with the suit property as he likes in the manner known to law
and the suit property is free from all encumbrances henceforth.
e) Both the parties agreed that the judgment and decree dated
07.09.2023 passed in O.S.No.213 of 2022, on the file of III
Additional District Court, Kallakurichi, shall stand set aside.
f) Both the parties have no claim /right/ demand or
whatsoever against each other in future in respect of the suit
schedule property.
g) The appellant is entitled to get the refund of court fee paid
by him in the memorandum of appeal. “
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3. In fine,
(i) The Appeal Suit is disposed of, in terms of the joint memorandum of
compromise.
(ii) judgment and decree dated 07.09.2023 passed by III Additional District
Judge, Kallakurichi, in O.S.No.213 of 2022 is set aside.
(iii) Respondents are entitled to withdraw a sum of Rs.70,00,000/- (Rupees
seventy lakhs only) deposited by them to the credit of O.S.No.213 of 2022 with
accrued interest. The appellant has no objection for the same.
(iv) the joint memorandum of compromise shall stand form part and parcel
of the decree.
(v)Since the matter is settled between the parties, the Registry shall refund
the Court Fee as per Rules in force.
No costs. Connected MP is closed.
[J.N.B.,J.] [R.K.M.,J.]
23.10.2024
nvsri
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To
The Judge,
III Additional District Court, Kallakurichi.
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J. NISHA BANU, J.
and
R.KALAIMATHI, J.
nvsri
23.10.2024
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