Madras High Court
K.I.Nabishathul Baheeria vs S.Fathima Ummai [Died on 16 April, 2025
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
A.S..No.535 of 2015
THE HIGH COURT OF JUDICATURE AT MADRAS
Date :16.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
A.S.No.535 of 2015 &
CMP.No.19925 of 2016
1. K.I.Nabishathul Baheeria
2. M.Periya Annamalai ... Appellants
Versus
1. S.Fathima Ummai [died]
2. Annai Christy
3. Victoria
4. Rebakkal
5. Mohamed Qussene
6. Sithi Zahira
7. Iman Najena
8. Hisam Salim
[Respondents 5 to 8 are brought on record as LRs
of deceased R1 vide Order dated 04.02.2025 made
in CMP.No.839 of 2025 in A.S.No.535 of 2015
by VSGJ] ... Respondents
PRAYER : This Appeal Suit has been filed under section 96 of Code of Civil
Procedure to set aside the judgment and decree passed in O.S.No.43 of 2007
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A.S..No.535 of 2015
dated 18.03.2010 on the file of the Court of Additional District Judge,
Pondicherry at Karaikkal and dismissed the suit by allowing this appeal.
For Appellants : Mr.N.P.Vijay Kumar
For Respondents : Mr.A.Sathis Kumar – R5 to R8
JUDGMENT
Challenge has been made to the decree and judgment of the trial Court
decreeing the suit filed by the plaintiffs for specific performance, in the
present Appeal Suit.
2. The suit has been filed by the first respondent against the
respondents 3 to 4 to enforce the sale agreement said to have been executed by
the respondents 3 to 4 which resulted in filing of the suit in O.S.No.43 of 2007
which has been decreed. The appellants have purchased the property from his
previous title holder, who has purchased the property prior to the suit.
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3. Now a compromise has been reached between the appellants and the
respondents 5 to 8, who are the legal heirs of the first respondent, in whose
favour the decree in O.S.No.43 of 2007 has been passed. A Joint Memo of
Compromise has also been filed before this Court. The respondents 5 to 8 are
present before this Court and identified by their counsel. Similarly, the
appellants' identity has also been established before this Court.
4. The parties have amicably settled the dispute between them. The
appellants have agreed to pay a sum of Rs.31,00,000/- [Rupees thirty one
lakhs to the respondents 5 to 8, out of which a sum of Rs.21,00,000/- [Rupees
twenty one lakhs has been paid by way of Demand Draft No.507202 dated
05.04.2025 drawn on ICICI Bank, Tanjore Branch and remaining
Rs.10,00,000/- [Rupees ten lakhs only] has already been deposited in
LAOP.No.14 of 2017on the file of the District and Sessions Judge, Karaikkal,
to be returned to the respondents 5 to 8 and the respondents 5 to 8 have agreed
to handover all the title documents to the appellants after getting the
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documents from the trial Court. The Joint Memo of Compromise filed before
this Court is taken on file.
5. Accordingly, this Appeal Suit is disposed of in terms of the Joint
Memo of Compromise filed by the parties on 16.11.2024 and the joint
Compromise Memo filed by the parties shall form part of the decree.
Consequently, connected miscellaneous petition is closed. The respondents 5
to 8 are at liberty to file necessary application before the District and Sessions
Judge, Karaikkal and on such application being filed, the learned District and
Sessions Judge shall release the amount lying to the credit of LAOP.No.14 of
2017 to the respondents 5 to 8. If there is any enhancement of the
compensation or any balance amount in the said account, the appellants are
entitled for that amount.
16.04.2025
Index : Yes / No
Internet: Yes
Speaking/non speaking order
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To,
1. The District and Sessions Judge, Karaikkal.
2. V.R. Section, High Court, Madras.
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N. SATHISH KUMAR, J.
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16.04.2025
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