Madras High Court

D.Ganesan vs Page No.1 Of 8 on 5 February, 2025

Author: T.V.Thamilselvi

Bench: T.V.Thamilselvi

                                                                    SA No. 91 of 2024


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                              DATED: 05-02-2025
                                                     CORAM
                            THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI
                                                SA No. 91 of 2024
                                                     and
                                             CMP.No. 2307 of 2024
                                                     ---
                    1. D.Ganesan
                       S/o. Late. A.D. Bojjiappa Mudaliar,

                    2. D.Eswaran
                       S/o. Late. A.D. Bojjiappa Mudaliar,

                    3. D.E.Lakshmi
                       D/o. D. Eswaran

                    4. D.E.Srinivasan
                       S/o.D.Eswaran

                    5. D.E.Bhoopathi
                       S/o.D.Eswaran

                    Appellants 1 to 5 are residing
                    at Achariyappan Street,
                    Sorakkaipet (P and T), Pallipet Taluk,
                    Tiruvalluvar District - 631 208.

                    6. D.G.Geetha
                       D/o.D.Ganesan
                       W/o.Dhanasekaran
                       Chitrangipet Street
                       Narayanavanam Mandal
                       Chittoor District
                       Andhra Pradesh                               ...Appellants

                                                      Versus

                    Page No.1 of 8
https://www.mhc.tn.gov.in/judis
                                                                              SA No. 91 of 2024



                    D. Balan @ Balakrishnan
                    S/o. Late.D. Bojjiyappa Mudaliar
                    Achariyappan Street, Sorakkaipet (P and T),
                    Pallipet Taluk, Tiruvalluvar District - 631 208.
                                                                            ... Respondent

                    Prayer: Second Appeal filed under Section 100 of the Code of Civil
                    Procedure, praying to set aside the Judgment and Decree dated
                    13.12.2022 passed in A.S.No. 27 of 2022 on the file of the I Additional
                    District Court, Tiruvallur, confirming the Judgment and Decree dated
                    27.04.2022 passed in O.S.No. 45 of 2014 on the file of the Sub Court,
                    Tiruthani.



                              For Appellants   :     Mr.K. Govi Ganesan

                              For Respondent   :     Mr.N. Sudharson
                                                     For Ms.R.Chithradevi
                                                         ----

                                                   JUDGMENT

This Second Appeal has been filed praying to set aside the

Judgment and Decree dated 13.12.2022 passed in A.S.No. 27 of 2022 on

the file of the I Additional District Court, Tiruvallur, confirming the

Judgment and Decree dated 27.04.2022 passed in O.S.No. 45 of 2014 on

the file of the Sub Court, Tiruthani.

https://www.mhc.tn.gov.in/judis

2. The appellants herein are the defendants and the respondent

herein is the plaintiff in the Original Suit in O.S.No. 45 of 2014 on the file

of Sub Court, Tiruthani, as well as the First Appellate Court in A.S.No. 27

of 2022 on the file of I Additional District Judge, Tiruvallur.

3. Originally, the plaintiff filed the Suit in O.S.No. 45 of 2014

before the Sub Court, Tiruttani, for directing the defendants to execute a

registered sale deed in favour of the plaintiff in respect of the suit

properties. After perusing the records, the trial Court decreed the suit in

favour of the plaintiff by judgment and decree dated 27.04.2022. Against

which, the defendants had preferred an Appeal Suit in A.S.No. 27 of 2022

before the I Additional District Judge, Tiruvallur, against the judgment

and decree passed by the Sub Court. After perusing the records, the First

Appellate Court dismissed the appeal suit by directing the defendants 1

and 2 to execute a sale deed in respect of their half share in the suit

properties in favour of the plaintiff within one month. Aggrieved over the

same, the defendants have preferred the present Second Appeal.

https://www.mhc.tn.gov.in/judis

4. Today, when the matter came up for hearing, Mr.K.Govi

Ganesan, learned Counsel for the appellants and Mr.N.Sudharson,

representing Ms.R.Chithradevi, learned Counsel on record for the

respondent are present before this Court. Both the parties have filed a

Joint Compromise Memo dated 05.02.2025 before this Court.

5. As per the terms of the Joint Compromise Memo dated

05.02.2025, both the appellants 1 and 2, by named, D.Ganesan and

D.Eswaran and the respondent, by named D. Balan @ Balakrishnan, have

agreed to share 4 Kuzhi each [30 cents] in respect of suit property. The

appellants 3 to 6 are the legal heirs of the appellants 1 and 2.

6. Both the parties have entered into a Joint Compromise Memo

dated 05.02.2025 and they have signed in the Joint Compromise Memo

and counter signed by their respective counsels, which reads as follows:-

“1.The parties submit that the 1st and 2nd appellant and respondent are the brothers and other appellants are the legal heir of 1st and 2nd appellants.

https://www.mhc.tn.gov.in/judis

2.The parties submit that the respondent has filed a specific performance suit in O.S.No. 45 of 2014 before Hon'ble Subordinate Judge, Tiruttani and the same was ordered that directing the defendants to execute a registered sale deed in respect of one half share of the 1st and 2nd defendant in the suit property on 27.04.2022.

3.The parties submit that the appellants had preferred an appeal before the Hon'ble I Additional District Judge, Tiruvallur in A.S.No. 27 of 2022 against the order passed by the Subordinate Judge in O.S.No. 45 of 2014 that “dismissed the appeal and directing the appellants to execute the sale deed in favour of the respondent within one month time failing which the plaintiff can get the sale deed registered through the trial Court”and passed on 13.12.2022.

4. The parties submit that the parties are compromised in E.P.No. 29/2023 before Sub Judge, Tiruttani with the condition that total extent if 3 acre 99 cents, in which the parties another brother namely Thangamuthu has got 1 acre out of acre 3.99 cents, 1 acre 20 cents was acquired by the Government for bypass road in Thatchur to Chitoor and did not release the award amount till date. The remaining acre 1.69 cents are in possession of the parties.

https://www.mhc.tn.gov.in/judis

5. The parties submit that further admitted in EP petition that the parties are share by equally i.e., each 3 kuzhi and now, the parties are ready to share more than that equally i.e., 4 kuzhi to each.

6.The parties submit that as of now the parties are admitted to share each 4 kuzhi and also the petitioner prays to release the award amount in favour of the respondent (Balan @ Balakrishnan) and other parties having no objection for the same.

In the above circumstance, it is prayed that this Hon'ble Court may be pleased to order to share 4 kuzhi to each person and direct the government to release the award amount in favour of the respondent, pass appropriate order and thus render justice.”

7. In view of the above Joint Compromise Memo dated

05.02.2025 and both the parties have agreed to settle the issue amicably.

Hence, this Court directs the appellants 1 & 2/defendants 1 & 2 to hand

over the said 4 Kuzhi (30 cents) to the respondent/plaintiff within a period

of four weeks from the date of receipt of a copy of this order.

https://www.mhc.tn.gov.in/judis

8. Since the matter has been compromised, the

respondent/plaintiff seeking a direction before this Court for getting the

compensation arising out of the land acquisition pertaining to a portion of

the suit property.

9. Pursuant to the same, the Special Tahsildar concerned is

hereby directed to release the compensation in favour of the