Madras High Court
S.Subramaniam vs T.Saravanan on 9 April, 2025
S.A.(MD)No.367 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.04.2025
CORAM:
THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN
S.A.(MD)No.367 of 2020
and
C.M.P(MD)No.4311 of 2020
Kamachi Sundari (died)
Represented by her LR's
1. S.Subramaniam
2. S.Gomathi ... Appellants
Vs.
T.Saravanan ... Respondent
Prayer: The Second Appeal has been filed under Section 100 of C.P.C,
to set aside the Judgment and Decree dated 20.11.2019 passed in A.S.No.
32 of 2019 on the file of the VI Additional District Judge, Madurai by
reversing the judgment and decree dated 01.12.2018 passed in O.S.No.703
of 2016 on the file of Principal Subordinate Judge, Madurai.
For Petitioners : Mr.S.Paul Murugan
For Respondent : Mr.B.Jameel Arasu
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S.A.(MD)No.367 of 2020
JUDGMENT
The legal heirs of the sole defendant in O.S.No.703 of 2016 on the
file of the learned Principal Subordinate Judge, Madurai, have filed this
Second Appeal challenging the judgment and decree passed in A.S.No.32
of 2019 on the file of the VI Additional District Judge, Madurai, reversing
the judgment of the trial Court in O.S.No.703 of 2016.
2. The respondent/plaintiff had entered into an agreement with the
sole defendant on 06.06.2016 and the sole defendant agreed to sell the
property for the sale consideration of Rs.10,00,000/-. He also made a
payment of Rs.2,50,000/- as advance. Thereafter, the sole defendant
refused to execute the sale deed. Hence, he filed a suit for sepcific
performance in O.S.No.703 of 2016 on the file of the learned Principal
Subordinate Judge, Madurai. The said suit was dismissed and aggrieved
over the same, the plaintiff had filed the appeal suit in A.S.No.32 of 2019
on the file of the VI Additional District Judge, Madurai, and the same was
allowed and directed the defendant to receive the balance sale
consideration and execute the sale deed. Challenging the same, the present
Second Appeal filed by the legal heirs of the sole defendant.
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3. Pending this second appeal, both parties entered into a
compromise, vide compromise deed dated 28.02.2025.
4. As per the compromise memo, the respondent/plaintiff in the suit
viz., the agreement holder received an amount of Rs.14,50,000/- and
agreed to withdraw the suit filed in O.S.No.703 of 2016.
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5.Today, when the matter was taken up for hearing, both parties
appeared before this Court along with their respective counsel and
affirmed the terms of compromise.
6. Accordingly, this second appeal is disposed of on the following
terms:-
6.1.The suit in O.S.No.703 of 2016 is dismissed as settled vide
compromise memo dated 28.02.2025 filed before this Court.
6.2.In view of the compromise entered into between the parties
during the pendency of the second appeal, the appellants are entitled to
refund of the court fee. Registry is directed to refund the court fee;
6.3. There shall be no order as to costs. Consequently, connected
miscellaneous petition is closed.
09.04.2025
NCC :Yes/No
Index :Yes/No
Internet :Yes/No
rgm
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To
1. The VI Addl.District Judge, Madurai
2. The Principal Subordinate Judge, Madurai
3. The Section Officer
V.R. Section (Records)
Madurai Bench of Madras High Court,
Madurai.
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K.K. RAMAKRISHNAN, J.
rgm/sbn
and
09.04.2025
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