Madras High Court
Sri Roopa Spinner Pvt. Ltd vs Narayanan on 23 October, 2024
A.S.No.216 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.10.2024
CORAM
THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN
A.S.No.216 of 2019
and
C.M.P.No.8241 of 2019
Sri Roopa Spinner Pvt. Ltd.,
A Private Limited Company,
Rep. by its Managing Director
Manoharan,
D. No.505, Palladam Road,
Tiruppur District. ... Appellant
Vs.
1. Narayanan
2. V.C. Rangasamy
3. Gurumurthy
4. N. Ramachandran
N.Mahendran (dead)
5. N. Marimuthu
6. Chinna Narayanan @ Rengasamy
7. N.Parvathy
8. M. Breeja
9. Minor Meyyappan
10. Minor M. Logesh ... Respondents
Appeal Suit is filed under Section 96 of the Civil Procedure Code
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1/6
A.S.No.216 of 2019
read with Order 41, Rule 1 of Civil Procedure Code, to set aside the
judgment and decree dated 15.11.2018 passed in O.S.No.234 of 2008 on
the file of the V Additional District Court, Coimbatore.
For Appellant : Mr.K.Govi Ganesan
For R4 : Mr.P.Thangavel
For R5, R7 & R8 : Mr.N.Nithianandam
JUDGMENT
The learned counsel appearing for both sides would submit that the
matter has been settled between the parties on 26.07.2024 before the
District Mediation Centre at Coimbatore.
2. The Mediation Report has been received by this Court, which
has been signed by the parties and attested by the respective counsels.
The terms of settlement entered into between the parties, are as follows:
“This Appellant and the legal heirs of the 1st
Respondent by name Tmt N. Parvathy (Respondent No: 8),
N. Ramachandran (Respondent No; 4), and the deceased
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Mahendran (Respondent No: 5) represented by his legal
heirs by name Mrs. M. Breeja (Respondent No: 9), his
minor Meyyappan (Respondent No:10) and his minor
Logesh (Respondent No: 10), and these two minors
represented by their mother by name M. Breeja and N.
Marimuthu (Respondent No; 6) have only appeared before
the mediation and they have voluntarily agreed to settle it
amicably in the presence of a Mediator as follows:-
“1) These above-named respondents have voluntarily
agreed to give up the peaceful possession and enjoyment of
the already sold out the lands covers 3.39 acres in SF No:
56/4 vide this Appellant's Sale Deed No; 940 of 2007 dated
23-01-2007 to this Appellant and all of them agreed to
make a partition upon it for this Appellant's peaceful
possession and enjoyment without any single
misunderstandings.
2. These above-named respondents have agreed to
transfer its Patta, Chitta and Adangal for the above said
sold out lands covers 3.39 acre only vide their absolute
Sale Deed No: 940 of 2007 dated 23.01.2007 in the name of
this appellant without any misunderstandings.
3. These above-named respondents have agreed to
sell their respective joint undivided 1/3rd shares which
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derived from the deceased Respondent No: 1 by name
Narayanan in that SF 56/4 covers 1.69 acres to this
Appellant to the tune of sale price of Rs.70,00,000/-
(Rupees Seventy Lakhs only) in total vide Sale Agreement
No.4782 of 2023 dated 06.03.2023 and in turn, these
respondents have jointly received a total sum of RS
25,00,000/- ( Rupees Twenty-five Lakhs ) only already from
this Appellant as an advance amount and during this
mediation, both this Appellant as well as these above-
named respondents have amicably agreed to execute a
registered Sale Deed in favour of this Appellant within
TWO MONTHS FROM THE DATE OF THIS MEDIATION,
after collecting the balance of sale price of RS 45,00,000/- (
Rupees Forty-five Lakhs only) from this Appellant and in
turn, this Appellant have also agreed to pay their respective
shares of this balance sale price of RS 45 lakhs in total to
each and every respondents No; 4,6,8,9,10 and 11
respectively by way of Demand Draft within two months
from the date of this mediation in order to collect the above
said 1.69 acres in SF 56/4 from these respondents. These
Respondents have jointly agreed to allot 1/5th share upon
the said sale price to the legal heirs jointly of the deceased
daughter of the deceased Respondent No: 1 who have not
been added as a party to this case so far. These
Respondents have strictly agreed to fix the date of execution
within two months from this date of mediation only and it
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will not be extended at any point of time. The Respondent
No: 2 and 3 are third parties to this deceased family and
they are dead. The Respondent No; 7 who have already
sold out his 1/3rd share of property to this appellant and he
was dead.”
3. The above terms of settlement entered into between the parties
are hereby recorded.
4. In view of the settlement arrived at between the parties, this
Appeal Suit is disposed of as settled out of court. The terms of settlement
shall form part of the decree. No costs. Connected miscellaneous petition
is closed.
23.10.2024
raja
Index : yes/no
Internet : yes/no
Speaking Order / Non-Speaking Order
To
The V Additional District Court, Coimbatore
https://www.mhc.tn.gov.in/judis
RMT.TEEKAA RAMAN, J.
raja
23.10.2024
https://www.mhc.tn.gov.in/judis
