The Second Appeal was disposed of based on a Joint Memorandum of Compromise filed before the court. The decree was pronounced in terms of the settlement, court fees were refunded to appellants, and connected miscellaneous petitions were closed.
The suit was decreed in terms of the compromise; court fee refunded to appellants; no order as to costs; connected M.P. closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
S.A.No.357 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
S.A.No.357 of 2012
and M.P.No.1 of 2012
1. T.Pullamma
2. T.Dhanaraj
3. T.Lakshmi
4. T.Rangamma
5. T.Polamma
6. T.Nagaendaran
7. K.Govindamma ... Appellants
Vs.
1. U.Parameswari
2. M/s.Balaji & Company
Govt. Auctioneers,
No.160, Thambu Chetty Street,
Chennai – 600 001. ... Respondents
PRAYER: The Second Appeal has been filed under Section 100 of the Civil Procedure Code to set aside the decree and judgment dated 21.02.2012 passed in A.S.No.398 of 2011 by the VI Additional City Civil Judge, Chennai, confirming the decree and judgment dated 09.09.2011 passed in O.S.No.3783 of 2010 by the XI Assistant City Civil Judge, Chennai, and to pass a decree as prayed for in the suit in O.S.No.3783 of 2010 on the file of the XI Assistant
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City Civil Judge, Chennai and thereby allow the Second Appeal.
For Appellants : Mr.D.Madhusudanan
for M/s.M.Loganathan
For Respondents : Mr.G.Govindarajan
J U D G M E N T
Today when the matter is taken up for hearing, the learned counsel
appearing on either side would submit that the matter has been settled between
the parties before the Tamil Nadu Mediation and Conciliation Centre attached
to this Court and a Joint Memorandum of Compromise has also been filed.
Compromise dated 09.07.2019 signed by the parties and duly attested by their respective counsel is filed and the matter is settled between them. The said
Joint Memorandum of Compromise is extracted as follows:-
Joint Memorandum of Compromise filed on behalf of Appellants/Plaintiffs and Respondents/Defendants
The appellants/ plaintiffs and the respondents/ defendants above named state as follows:-
1. The appellants/ plaintiffs have filed the suit an original suit O.S.No.3783 of 2010 in the Hon'ble XI Assistant City Civil Court, Chennai.
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i. for the cancellation of the mortgage deed dated 03.10.2001 registered as document No.2325 of 2001 in the office of the SubRegistrar, Mylapore in favour of the First Defendant in respect of the property bearing Door No.30, Suthanthra Nagar, First Street, Triplicane, Chennai – 600 005 and
ii. for Permanent Injunction restraining the First and Second Defendants, their agents, servants or any person or persons claiming through them from bringing the suit property for sale in public auction.
2. The said O.S.No.3783 of 2010 was dismissed in and by a decree and judgment dated 09.09.2011 passed by the Hon'ble XI Assistant City Civil Judge, Chennai.
3. The Appellants / Plaintiffs aggrieved by the said Judgment and Decree dated 09.09.2011 have preferred an appeal A.S.No.398 of 2011 in the Hon'ble VI Additional City Civil Judge, Chennai.
4. The said appeal A.S.No.398 of 2011 was dismissed in and by a decree judgment dated 21.02.2012 by the Hon'ble VI Additional City Civil Judge, Chennai.
5. The Appellants/ Plaintiffs aggrieved by the said Judgment and Decree dated 21.02.2012 in A.S.No.398 of 2011 have preferred the above Second Appeal S.A.No.357 of 2012.
6. The above case was sent to mediation by this Honourable Court, Appellants/Plaintiffs and the Respondents/Defendants had valuable talks with each other and made earnest efforts to settle the above matter. After much discussion and deliberation both The Appellants/Plaintiffs and the Respondents/Defendants have come conclusion that the above matter may be settled upon the following terms and conditions:-
a) The suit may be decreed as prayed for.
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b) The Appellants/Plaintiffs offered to pay to the Respondents/Defendants a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) for the cancelation of the said mortgage deed dated 03.10.2001 registered as document No.2325 of 2001 in the office of the SubRegistrar, Mylapore and the Respondents/Defendants agreed for the same.
c) In pursuance of such agreement between the parties to the suit the Appellants/ Plaintiffs paid a sum of Rs.2,00,000/- Rupees Two Lakhs Only) in cash to the respondents/defendants on 05.07.2019, the which sum the respondent/defendants hereby admit and acknowledge the same and this is the receipt of the same.
d) The Appellants/Plaintiffs paid a sum of Rs.80,000/(Rupees Eighty Thousand Only) in cash to the Respondents/Defendants today i.e. 09.07.2019 while signing this agreement and the which sum the Respondents/Defendants hereby admit and acknowledge the same and this is the receipt for the same.
e) The Appellants/Plaintiffs agreed that they have no objection for the withdrawal of the sum of Rs.2,20,000/- (Two Lakhs and Twenty Thousand Only) deposited to the credit of the suit O.S.No.3783 of 2010 as per order dated 19.03.2012 in M.P.No.1 of 2012 in S.A.No.357 of 2012 by Honourble Justice S.Tamilvanan by the Respondents/Defendants.
f) The Respondents/Defendants hereby admit, acquit and Acknowledge the receipt of the said sum of Rs.5,00,000/- (Rupees Five Lakhs Only) from the Appellants/Plaintiffs.
g) The Respondents/Defendants in pursuance to the receipt of the said sum of Rs.5,00,000/- (Rupees Five Lakhs Only) hereby discharges the Appellants/Plaintiffs from the said mortgage deed dated 03.10.2001 registered as document No.2325 of 2001 in the office of the
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Sub-Registrar, Mylapore.
h) The Respondents/Defendants in pursuance to the receipt the said sum of Rs.5,00,000/- (Rupees Five Lakhs Only) were hand over the all the Original deeds and including the mortgage deed dated 03.10.2001 registered as document No.2325 of 2001 in the office of the Sub-Registrar, Mylapore to the Appellants/Plaintiffs.
i) The Respondents/Defendants in pursuance to the receipt the said sum of Rs.5,00,000/- (Rupees Five Lakhs Only) and in consideration of the above said sum the hereby agrees for the cancelation of the said mortgage deed dated 03.10.2001 registered as document No.2325 of 2001 in the office of the Sub-Registrar, Mylapore.
j) The Appellants/Plaintiffs and the Respondents/ Defendants above named humbly states that the above Original Suit O.S.No.3783 of 2010 in the Hon'ble XI Assistant City Civil Court, Chennai, may be Decreed as prayed for.
k) The Defendants have no objection for the return of the Courts Fees paid by the Appellants/ Plaintiffs.
l) The plaintiff therefore prays that this Honourable Court may be pleased to allow the return of the court fees paid in the above suit as the matter has been settled in the Mediation.
m) The Appellants/Plaintiffs and the Respondents/ Defendants pray that this memo of Compromise may be ordered to be as part and parcel of the Decree in the above Second Appeal.
n) In the circumstance, it is just and necessary that this Honourable Court may be pleased to record this Joint Memorandum of Compromise and “Decree the suit O.S.No.3783 of 2010 as Prayed for in the suit” and also return the court fees paid in the above suit and pass such order or other orders as this Hon'ble Court may deem fit in the
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circumstances of the case and thus render justice.”
S.A.No.357 of 2012
asi
M. GOVINDARAJ, J.
Joint Memorandum of Compromise. The said Joint Memorandum of Compromise dated 09.07.2019 is taken on record and the same shall form part of the decree. As per the Joint Memorandum of Compromise, a direction is given to the Registry to refund the full Court fee to the appellants/plaintiffs.
The Second Appeal is disposed of in terms of the Joint Memorandum of Compromise. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
10.08.2021
asi To
S.A.No.357 of 2012 and M.P.No.1 of 2012
2 issues framed by the court
Whether the second appeal should be decided on the merits or based on the recorded settlement.
How the court is to record the joint memorandum of compromise.
1 provisions across 1 enactments
T.Pullamma
M/s.Balaji & Company
M.Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
