Madras High Court

R.Alagukumar vs Annakili on 1 April, 2025

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                                             A.S.(MD)No.160 of 2022


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 01.04.2025

                                                         CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
                                               and
                             THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

                                            A.S.(MD)No.160 of 2022
                                                     and
                                           C.M.P.(MD)No.6602 of 2022
                                                     and
                                           C.M.P.(MD)No.4819 of 2025

                     R.Alagukumar                                                      ... Appellant

                                                              Vs.

                     1.Annakili

                     2.The Sub Registrar,
                       Mathugupatti Sub Registrar Office,
                       Mathugupatti,
                       Sivagangai Taluk,
                       Sivagangai District.                                            ... Respondents


                     Prayer : Appeal Suit filed under Section 96 of Civil Procedure Code, to

                     set aside the judgment and decree dated 08.10.2021 passed in O.S.No.29

                     of 2016 on the file of the Principal District Court, Sivagangai.




                     1/6




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                                                                                                A.S.(MD)No.160 of 2022


                                  For Appellant         : Mr.S.Rajasekar

                                  For Respondents : Mr.N.Tamil Mani for R1.
                                                    Mr.R.Suresh Kumar,
                                                        Addl. Government Pleader for R2.


                                                              JUDGMENT

Heard both sides.

2.The appellant filed O.S.No.29 of 2016 on the file of the Principal

District Court, Sivagangai seeking the relief of specific performance.

The Court below vide judgment and decree dated 08.10.2021 dismissed

the suit. Aggrieved by the same, this appeal came to be filed.

3.When the matter was taken up for hearing, the learned counsel

for the appellant submitted that the appellant may be permitted to file

amendment petition for return of the advance amount. Accordingly,

C.M.P.(MD)No.4819 of 2025 was filed. This civil miscellaneous petition

is allowed.

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4.The appellant submitted that he would not press the relief of

specific performance and that he would be satisfied if the advance

amount is repaid with interest at the rate of 7.5%.

5.The contesting defendant / Annakili is present in person along

with her son / K.Balaskrishnan. She undertakes to return a sum of

Rs.17,50,000/- within a period of 4 ½ months from today ie., 01.04.2025.

6.Since the issue has been amicably settled by way of comprise

between the parties, the appellant is entitled to refund of the court fee

paid by him before this Court.

7.This appeal is disposed of in the following terms.

(a) The first respondent is directed to return a sum of

Rs.17,50,000/- within a period of 4 ½ months from today ie., 01.04.2025

to the appellant. Till the said amount is repaid, there will be charge on

the suit property.

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(b) The appellant is entitled to refund of the court fee paid by him

in this Court for filing the appeal.

by the appellant. The compromise memo dated 01.04.2025 signed by the

parties and their respective counsels shall form part of the decree. No

costs. Consequently, connected C.M.P.(MD)No.6602 of 2022 is closed.





                                                                              (G.R.S. J.,) & (M.J.R. J.,)
                                                                                    01.04.2025
                     NCC                : Yes/No
                     Index              : Yes / No
                     Internet           : Yes/ No
                     ias

                     To:

                     1. The Principal District Court,
                       Sivagangai.

                     2.The Sub Registrar,

Mathugupatti Sub Registrar Office, Mathugupatti, Sivagangai Taluk, Sivagangai District.

Copy to:

https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/04/2025 03:56:08 pm )

The Section Officer, ER/VR Section, Madurai Bench of Madras High Court, Madurai.