Madras High Court
R.Selvi vs O.Raja Yokiyam on 28 April, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
C.R..P.(NPD)(MD).No.901 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P(NPD)(MD)No.901 of 2025
and
C.M.P(MD) No.4814 of 2025
R.Selvi ... Petitioner/Petitioner/
Defendant
Vs.
1. O.Raja Yokiyam
2. R.Prabhu
3. R.Ram Diwan ... Respondents/Respondents/
Plaintiffs
PRAYER: Civil Revision Petition filed under Section 115 of C.P.C., to set
aside the order dated 30.06.2023 passed by the learned Subordinate Judge,
Usilampatti, in I.A.No.220 of 2022 in O.S.No.294 of 2019 and to proceed the
same on merits for adjudication and to pass appropriate orders.
For Petitioner : Mr.P.T.Ramesh Raja
For Respondents : Mr.Thirunavukkarasu
1/6
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C.R..P.(NPD)(MD).No.901 of 2025
ORDER
The defendant in O.S.No.294 of 2019 on the file of the Sub Court,
Usilampatti, has filed the present Civil Revision Petition challenging the
dismissal of her application to condone the delay of 559 days in filing an
application to set aside the ex parte decree.
2. A perusal of the records reveal that the respondents herein have filed
the present suit for the relief of specific performance. The defendant was set
ex parte and an ex parte decree came to be passed on 17.02.2021. The decree
holders have filed E.P.No.19 of 2021 for execution of sale deed. The Court
has executed a sale deed on 31.10.2022. The decree holders have filed
E.A.No.43 of 2023 for taking delivery. In such circumstances, the defendant
has filed I.A.No.220 of 2022 to condone the delay of 559 days in filing an
application to set aside the ex parte decree. This application came to be
dismissed by the trial Court. Challenging the same, the present Civil Revision
Petition has been filed.
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C.R..P.(NPD)(MD).No.901 of 2025
3. Pending Revision Petition, the parties have agreed to settle the issue.
The defendant had undertaken to pay a sum of Rs.2,50,000/- (Rupees Two
Lakhs and Fifty Thousand only) to the decree holders on or before
31.07.2025 and on such payment, the decree holders also agreed to reconvey
the property in favour of the judgment debtor at the expense of the judgment
debtor.
4. The defendant has filed an undertaking affidavit. Paragraph No.3 and
4 of the undertaking affidavit are extracted as follows:
“3. I submit that the suit is filed by the
respondents herein for the relief of specific
performance to enforce the sale agreement dated
24.02.2016. Wherein it was claimed by the plaintiffs
that an advance amount of Rs.2,00,000/- was
received as part of sale consideration by me. Now
the dispute has been negotiated and in order to settle
the issue it was agreed by me and the respondents
herein on the following terms:
a) I will pay Rs.2,50,000/- in total to the
respondents within a period of 3 months from today.
b) On the receipt of Rs.2,50,000/- the
respondents herein is also having no objection to
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C.R..P.(NPD)(MD).No.901 of 2025
set-aside the judgment and decree in O.S.No.294 of
2019 on the file of the Sub-Court Usilampatti, dated
on 30.06.2023.
4. I submit that I am filing this undertaking
affidavit that I will pay Rs.2,50,000/- to the
respondents within a period of 3 months in view of
the settlement terms mentioned above.”
5. In view of the above said undertaking affidavit, this Court is inclined
to pass the following orders:
a) The defendant shall directly pay a sum of
Rs.2,50,000/- (Rupees Two Lakhs and Fifty
Thousand only) to the plaintiffs on or before
31.07.2025;
b) On such payment of Rs.2,50,000/- (Rupees
Two Lakhs and Fifty Thousand only), the decree
holders agree not to execute the decree in O.S.No.
294 of 2019;
c) On receipt of a sum of Rs,2,50,000/-
(Rupees Tow Lakhs and Fifty Thousand only) the
decree holders agree to execute a deed of
reconveyance in favour of the judgment debtor at
the expense of the judgement debtor; and
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C.R..P.(NPD)(MD).No.901 of 2025
d) The decree holders shall be entitled to
withdraw a sum of Rs.50,000/- (Rupees Fifty
Thousand only), which they have already deposited
before the trial Court.
6. With the above said observations, this Civil Revision Petition stands
disposed of on the above said terms. There shall be no order as to costs.
Consequently connected Miscellaneous Petition stands closed.
28.04.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
Note: Issue order copy on 30.04.2025
To
1. The learned Subordinate Judge,
Usilampatti
2. The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
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C.R..P.(NPD)(MD).No.901 of 2025
R.VIJAYAKUMAR,J.
ebsi
C.R.P(NPD)(MD)No.901 of 2025
28.04.2025
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