Madras High Court
A.S.Ramesh vs S.Nagalingam on 17 April, 2025
A.S.(MD)No.155 of 2014 & A.S.(MD)No.223 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.04.2025
CORAM
THE HON'BLE MR JUSTICE P. VADAMALAI
A.S.(MD)No.155 of 2014 & A.S.(MD)No.223 of 2015
and
M.P.No.1 of 2014 & M.P.No.2 of 2015
and
C.M.P.(MD)No.1612 of 2024
A.S.(MD)No.155 of 2014 :
A.S.Ramesh .. Appellant
Vs.
1.S.Nagalingam
2.City Union Bank Limited,
Represented by its Branch Manager,
Victoria Extension Road,
Thoothukudi
3.Reliance Asset Reconstruction Company Ltd.,
Represented by its General Manager,
Reliance House, 4th Floor, No.5, Haddows Road,
Nungambakkam, Chennai – 600 006 .. Respondents
(Respondent No.3 is
impleaded vide Court
order, dated 11.09.2023,
made in CMP(MD)
No.11498 of 2022 in
AS(MD)No.155 of 2014
by KMSJ)
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A.S.(MD)No.155 of 2014 & A.S.(MD)No.223 of 2015
Prayer : Appeal Suit is filed under Section 96 of the Code of Civil
Procedure against the judgment and decree, dated 07.01.2014, made in
O.S.No.27 of 2012 on the file of the II Additional District Judge,
Thoothukudi.
For Appellant : Mr.R.Suriya Narayanan
For R1 : Mr.Niranjan S.Kumar
For R2 : Mr.R.Pandivel
For R3 : Mr.R.Vignesh
A.S.(MD)No.223 of 2015 :
S.Nagalingam .. Appellant
Vs.
1.A.S.Ramesh
2.City Union Bank Limited,
Represented by its Branch Manager,
Victoria Extension Road,
Thoothukudi – 628 002
3.Reliance Asset Reconstruction Company Ltd.,
Represented by its General Manager,
Reliance House, 4th Floor, No.5, Haddows Road,
Nungambakkam, Chennai – 600 006 .. Respondents
(Respondent No.3 is
impleaded vide Court
order, dated 10.10.2022,
made in CMP(MD)
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A.S.(MD)No.155 of 2014 & A.S.(MD)No.223 of 2015
No.7183 of 2016 in
AS(MD)No.223 of 2015
by KMSJ)
Prayer : Appeal Suit is filed under Section 96 of the Code of Civil
Procedure against the judgment and decree, dated 07.01.2014, made in
O.S.No.27 of 2012 on the file of the II Additional District Judge,
Thoothukudi.
For Appellant : Mr.Niranjan S.Kumar
For R1 : Mr.R.Suriya Narayanan
For R2 : Mr.R.Pandivel
For R3 : Mr.R.Vignesh
COMMON JUDGMENT
The present Appeal Suits have been filed to set aside and modify the
judgment and decree, dated 07.01.2014, passed in O.S.No.27 of 2012 on the
file of the learned II Additional District Judge, Thoothukudi.
2. The plaintiff/Dr.S.Nagalingam filed a suit in O.S.No.27 of 2012 on
the file of the learned II Additional District Judge, Thoothukudi seeking
relief of specific performance of agreement of sale in respect to an extent of
30 cents in the middle, out of 3.15 acres of an agricultural land in Ayan
Punjai S.No.45/1A1A1 at Koraikai Village, Umarikadu Panchayat within
Eral Taluk, Thoothukudi District as against the 1st
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A.S.(MD)No.155 of 2014 & A.S.(MD)No.223 of 2015
defendant/Mr.A.S.Ramesh. The plaintiff/Dr.S.Nagalingam has deposited the
balance sale consideration amount of a sum of Rs.9,70,000/- (Rupees Nine
Lakhs and Seventy Thousand only) to the credit of the Principal District
Judge, Thoothukudi. Thereafter, the said suit was decreed on 07.01.2014,
and the consequential relief was declined.
3. As against the said judgment and decree, the 1st defendant filed an
Appeal Suit in A.S.(MD)No.155 of 2014 on the file of this Court. Similarly,
the plaintiff also filed an Appeal Suit in A.S.(MD)No.223 of 2015 on the
file of this Court as against the declined consequential relief.
4. When the matters are taken up for hearing today (17.04.2025), the
learned counsel appearing on either side is present, and the plaintiff as well
as the 1st defendant are also present in-person before this Court.
5. The learned counsel for the 2nd respondent/Bank has filed memos
in both the appeal suits stating that the 2nd respondent is only a formal party
in these appeal suits, and requests this Court to dismiss the appeal suits in
respect of the 2nd respondent. The learned counsel for the plaintiff as well as
the learned counsel for the 1st defendant have also made an endorsement in
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A.S.(MD)No.155 of 2014 & A.S.(MD)No.223 of 2015
the memos stating that they have no objection to dismiss these appeal suits
as against the 2nd respondent. The said memos are recorded.
6. The plaintiff and the 1st defendant are identified by their respective
counsel, and their identities are also verified by this Court. The joint
compromise memos have been filed by the learned counsel appearing on
either side, which were signed by both the parties and the relevant portion
of the joint compromise memo filed in A.S.(MD)No.155 of 2014 is
extracted hereunder :
“a. The appellant and 1st respondent, being
brothers, were agreed to withdrawn/dispose the
cases filed against each other by compromise. Hence,
two first appeals in A.S.(MD)No.155 of 2014 and
A.S.(MD)No.223 of 2015 may be disposed of by
recording the above compromise.
b. The 1st respondent/plaintiff shall withdraw
the deposited amount in O.S.No.27 of 2012 on the file
of the learned II Additional District Judge, Tuticorin
along with the accrued interest till the date of
realization and to pay the entire amount to the tune
of Rs.25,00,000/- on or before 30.04.2025. The
appellant/defendant has no objection to withdraw the
deposited amount by 1st respondent/plaintiff.”
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A.S.(MD)No.155 of 2014 & A.S.(MD)No.223 of 2015
7. The relevant portion of the joint compromise memo filed in A.S.
(MD)No.223 of 2015 is extracted hereunder :
“a. The appellant and 1st respondent, being
brothers, were agreed to withdrawn/dispose the
cases filed against each other by compromise. Hence,
two first appeals in A.S.(MD)No.155 of 2014 and
A.S.(MD)No.223 of 2015 may be disposed of by
recording the above compromise.
b. The Appellant/plaintiff shall withdraw the
deposited amount in O.S.No.27 of 2012 on the file of
the learned II Additional District Judge, Tuticorin
along with the accrued interest till the date of
realization and to pay the entire amount to the tune
of Rs.25,00,000/- on or before 30.04.2025. The 1st
respondent/1st defendant has no objection to
withdraw the deposited amount by
appellant/plaintiff.”
8. The above terms of joint compromise memos were read over and
explained to both the parties in the presence of their respective counsel, and
both the parties submitted that the same are correct. Therefore, the said joint
compromise memos are recorded.
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A.S.(MD)No.155 of 2014 & A.S.(MD)No.223 of 2015
9. In the light of above compromise arrived between the parties, these
Appeal Suits are disposed of accordingly, and in view of the memos filed by
the learned counsel for the 2nd respondent, these Appeal Suits are dismissed
in respect of the 2nd respondent. The joint compromise memos shall form
part of the decree. Consequently, the connected Miscellaneous Petitions are
closed.
10. The learned Principal District Judge, Thoothukudi/the learned II
Additional District Judge, Thoothukudi is hereby directed to pass orders to
return the deposited amount of Rs.9,70,000/- (Rupees Nine Lakhs and
Seventy Thousand only), along with accrued interest, to the
plaintiff/Dr.S.Nagalingam, preferably on the same day of filing a petition by
him.
17.04.2025
Index:Yes/No
Speaking Order :Yes/No
Neutral Citation:Yes/No
Note : Issue judgment and decree on 22.04.2025.
mkn
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A.S.(MD)No.155 of 2014 & A.S.(MD)No.223 of 2015
P. VADAMALAI, J.
mkn
To
1.The Principal District Judge,
Thoothukudi.
2.The II Additional District Court,
Thoothukudi.
A.S.(MD)No.155 of 2014 & A.S.(MD)No.223 of 2015
and
M.P.No.1 of 2014 & M.P.No.2 of 2015
and
17.04.2025
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