Madras High Court
Jeganathan vs Anbalagan on 29 October, 2024
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
C.R.P. No.1845of 2024 and C.M.P.No.9720 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2024
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
C.R.P. No.1845 of 2024
& C.M.P.No.9720 of 2024
Jeganathan ... Petitioner
Vs.
Anbalagan ... Respondent
Prayer: Civil Revision Petition filed under Section 115 of Civil Procedure
Code to set aside the fair and decretal order dated 03.02.2024 passed in
E.A.No.1 of 2023 in E.P.No.56 of 2021 on the file of Subordinate Court,
Perambalur.
For petitioners : Mr.G.Ilamurugu
For Respondents : Ms.Usha Raman
ORDER
The present civil revision petition has been filed under Section 115
of Civil Procedure Code to set aside the fair and decretal order dated
03.02.2024 passed by the Subordinate Court, Perambalur, in E.A.No.1 of
2023 in E.P.No.56 of 2021, in which, while allowing the application, a
direction was issued to the petitioner to deposit the entire amount
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C.R.P. No.1845of 2024 and C.M.P.No.9720 of 2024
mentioned in the sale agreement with interest at the rate of 7.5% from the
date of sale agreement within thirty days
2.Today, when the revision is taken up for hearing, the learned
counsel appearing for both parties would submit that they had agreed to
settle the issue amicably between them and had entered into compromise
and had also filed a Memorandum of joint Compromise before this Court.
3.The joint memo of compromise reads thus:
The petitioner and the respondent state that the
respondent herein filed a suit for specific performance of the
sale agreement and thereafter he filed a suit for specific
performance in which the petitioner was set ex-parte and
during the course of execution proceedings before the Hon'ble
High Court the parties agreed to settle the issue amicably and
thereby they entered into this joint compromise memo on the
following terms:
1.The Revision petitioner/defendant agreed to pay a sum of
Rs.11,00,000/-(Rupees eleven lakhs only) as full and final
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C.R.P. No.1845of 2024 and C.M.P.No.9720 of 2024
quit, for which, the respondent/plaintiff/decree holder agreed
to the same. The Revision petitioner/defendant/judgment
debtor had already deposited a sum of Rs.5,00,000/- (Rupees
five lakhs only) before the Execution Court and the
respondent/plaintiff/decree holder may be permitted to
withdraw the same for which this petitioner/defendant/
judgment debtor had no objection.
2.Regarding the remaining payment of Rs.6,00,000/- (Rupees
six lakhs only) the petitioner/defendant/judgment debtor had
furnished two demand drafts vide Nos.532986 for a sum of
Rs.1,00,000/-(Rupees one lakh only) and 532978 for a sum of
Rs.2,00,000/-(Rupees two lakhs only) dated 22.10.2024 drawn
in favour of respondent/plaintiff/decree holder which had been
received by the respondent/plaintiff/decree holder on
28.10.2024 and the petitioner/defendant/judgment debtor
agreed and undertake to pay remaining sum of Rs.3,00,000/-
(Rupees three lakhs only) within a period of 4 weeks from this
date, for which, the respondent/plaintiff/decree holder agreed.
3.Both parties are agreed that on the payment of the remaining
amount of Rs.3,00,000/-(Rupees three lakhs only), the
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C.R.P. No.1845of 2024 and C.M.P.No.9720 of 2024
respondent/plaintiff/decree holder shall execute a deed of
cancellation of the sale agreement dated 13.02.2013 registered
as document No.146/2013 on the file of the Joint-II Registrar
Office, Ariyalur free from all encumbrance.
4.The respondent/plaintiff/decree holder also undertake/
agreed that he will not press any of the order from the court of
law as against the petitioner/defendant/judgment debtor in
respect of the suit properties.
5.The above said recitals/contents were read over to the parties
in Tamil and having understood the same the parties put their
respective scribes/signature in the presence of each other.
Hence this joint compromise memo.
4.In view of the consensus arrived between the parties and Joint
Memo of compromise entered, the above civil revision petition stands
disposed of. The joint memo of compromise shall form part of the
records. The petitioner is directed to pay the balance amount of
Rs.3,00,000/- to the respondent/ plaintiff/decree holder within a period of
four weeks from today and on such payment, the
respondent/plaintiff/decree holder shall execute a deed of cancellation of
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C.R.P. No.1845of 2024 and C.M.P.No.9720 of 2024
the sale agreement dated 13.02.2013 registered as document No.146/2013
on the file of the Joint-II Registrar Office, Ariyalur free from all
encumbrance within a period of two weeks thereafter. No costs.
Consequently, the connected miscellaneous petition is closed.
6.For reporting compliance, post the matter on 26.11.2024.
29.10.2024
raa
To
1. Subordinate Judge, Perambalur.
A.D.JAGADISH CHANDIRA, J.
raa
https://www.mhc.tn.gov.in/judis
C.R.P. No.1845of 2024 and C.M.P.No.9720 of 2024
29.10.2024
https://www.mhc.tn.gov.in/judis
