Madras High Court
Mr.E.Dorai vs C.H.Balaiah on 24 November, 2025
Tr.C.S.No.15 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 24.11.2025
Coram:
THE HONOURABLE MR.JUSTICE P.DHANABAL
Tr.C.S.No.15 of 2023
and
O.A.No.1081 of 2017
--
1. Mr.E.Dorai
2. D.Yogeshwaran .. Plaintiffs
Vs.
1. C.H.Balaiah
2. Nirmala Devi @ Nirmala Viswanathan
3. The Sub-Registrar,
Sub-Registrar Office,
Purasawalkam,
Perambur Baraccks Road,
Chennai-600 007. .. Defendants
Civil Suit on being transferred from City Civil Court, Chennai and
numbered as Tr.C.S.No.15 of 2023 before this Court, praying for judgment and
decree as follows:
(i) to declare that the judgment and decree of this Court, dated
Page No.1 / 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/11/2025 06:25:47 pm )
Tr.C.S.No.15 of 2023
16.10.2006 passed in C.S.No.992 of 2001 is not binding on the plaintiff;
(ii) to declare that the sale deed dated 27.03.2017 executed by this
Court in favour of the first defendant herein as null and void;
(iii) to pass an order of permanent injunction restraining third
defendant herein from registering the sale deed, dated 27.03.2017 executed by
this Court in favour of the first defendant herein in C.S.No.992 of 2001 and
27.02.2017, and
(iv) for costs of the suit.
For plaintiff : Mr.G.Karthikeyan
For defendants : Mr.R.Venkatraman for M/s.TATVA LEGAL, Chennai for D-1
Mr.P.J.Rishikesh for D-2
Mr.D.Gopal, Government Advocate for D-3
JUDGMENT
When this Transfer Civil Suit is taken up for hearing, both sides'
learned counsel represented that the dispute between the parties, had been
amicably settled. A Memo, dated 24.11.2025 had been filed on behalf of the first
defendant in this suit, from which, it is clear that the plaintiffs and the first
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/11/2025 06:25:47 pm )
defendant have entered into a settlement agreement, dated 13.11.2025, wherein
the plaintiffs have agreed to pay and settle the first defendant a total sum of
Rs.40 lakhs towards full and final settlement in consideration of all rights, title,
claims and interests, which the first defendant may hand-over the schedule
property and in respect of the subject matter of the suit. As agreed by the
parties, the above settlement amount shall be paid in four equated instalments
of Rs.10 lakhs on or before 10th day of every month starting from 10.11.2025
and ending 10.02.2026. It is stated by the learned counsel for the parties that
Rs.10 lakhs was paid on 07.11.2025 and the remaining amounts will have to be
paid by three instalments on 10.12.2025, 10.01.2026 and 10.02.2026, each
Rs.10 lakhs. If the plaintiffs fail to make payment of the above three instalments
to the first defendant, they cannot claim the above said amounts already paid by
them and the defendants can pursue the pending proceedings in accordance
with law. Since the dispute between the parties had been amicably settled as
stated above, this Transfer Civil Suit is disposed of in the above terms. The
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/11/2025 06:25:47 pm )
plaintiffs are entitled to refund of full Court fee. The original documents, if any
filed along with the plaint, shall be returned to the plaintiffs, by replacing the
same with certified copies. Whatever the amounts as on today that had been
deposited by the plaintiffs to the credit of this Transfer Civil Suit, the defendants
are entitled to withdraw the same. In view of prayer (a) made in the present
Transfer Civil Suit, and as the present Transfer Civil Suit is now being disposed of
in terms as agreed by the parties, as above, the earlier suit disposed of on
16.10.2006 in C.S.No.992 of 2001 is not binding on the plaintiffs, and the
defendants are entitled to withdraw the amount, if any filed to the credit of
C.S.No.992 of 2001. There shall be no order as to costs in the present Transfer
Civil Suit. Consequently, O.A.No.1081 of 2017 is closed. The above said Memo
dated 24.11.2025 shall form part of the decree.
24.11.2025
(½)
cs
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/11/2025 06:25:47 pm )
List of witnesses examined on the side of plaintiff:
P.W.1 E.Dorai
List of witnesses examined on the side of defendant:
D.W.1 C.H.Balaiah
List of exhibits marked on the side of plaintiff:
Ex.No. Description
A-1 Settlement deed in Doc.No.2800 of 2016, dated 09.06.2016
A-2 Sale deed in Doc.No.2194 of 2003, dated 04.06.2003
A-3 Extract from the permanent Land Register in the name of the first
plaintiff, dated 26.06.2008
A-4 Property Tax Receipt in the name of the second plaintiff
A-5 E.B. card in the name of the second plaintiff
A-6 Chennai Metropolitan Water Supply and Sewerage Board Card in the
name of the second plaintiff
A-7 The sale agreement dated 15.09.1999
List of exhibits marked on the side of the defendants:
Ex.No. Description
D-1 Certified copy of the judgment and decree passed by this Court in
C.S.No.992 of 2001 filed by the first defendant, dated 16.10.2006
D-2 Certified copy of the sale deed, dated 27.03.2017 in favour of the
defendants through High Court.
24.11.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/11/2025 06:25:47 pm )
(2/2)
cs
To
The Sub-Registrar,
Sub-Registrar Office,
Purasawalkam,
Perambur Baraccks Road,
Chennai-600 007.
P.DHANABAL, J
cs
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/11/2025 06:25:47 pm )
24.11.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/11/2025 06:25:47 pm )
