In an execution of compromise decree suit, the respondent deposited money to withdraw a mortgage. Due to his failure to hand over original documents as ordered, the court dismissed his application for payment out of the deposited sum of Rs. 75 lakhs.
The application for payment out of Rs. 75,00,000/- was dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
FRIDAY, THE 22ND DAY OF APRIL 2022
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
A. No.773 of 2022 in C.S. No.737 of 2011
S.Lakshmipathy, S/o.Sampath, No.24, Devan Ram, Purasaiwalkam Road, Chennai 600 084. ... Plaintiff
-Versus-
L.Gowtham Raj, S/o.Lakshmiraj No.19/10, Nambulier St, Kondithope, Chennai 600 079.
... Defendant
A. No.773 of 2022 Gowtham Raj, S/o.Lakshmiraj No.19/10, Nambulier St, Kondithope, Chennai 600 079.
...Applicant -vs-
S.Lakshmipathy, S/o.Sampath, No.24, Devan Ram, Purasaiwalkam Road, Chennai 600 084. https://hcservices.ecourts.gov.in/hcservices/ ... Respondent
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Application praying that this Hon'ble Court be pleased to pass an
order of payment out of Rs.75,00,000/- (Rupees Seventy Five Lakhs only) in C.S.No.737/2011.
This Application coming on this day before this court for hearing, the court made the following order:-
The applicant is the defendant and the respondent is the plaintiff in C.S.No.737 of 2011.
time for three months to make the payment of Rs.75,00,000/- to the https://hcservices.ecourts.gov.in/hcservices/ applicant/defendant. Subsequently, the respondent/plaintiff filed A.No.9659/2018
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in C.S.No.737 of 2011 seeking permission of this Court to deposit the settlement
amount of Rs.75,00,000/- and the same was deposited by the respondent/plaintiff
to this Court by order dated 20.12.2018 by way of D.D.No.545073, dated 01.01.2019 drawn on Punjab National Bank, Mint Street, Chennai - 600 001. However, the applicant/defendant had been filed payment out in A.No.4595 of 2016 in C.S.No.737 of 2011 before this Court for a sum of Rs.3,50,000/- lying in Court deposit and the same was allowed on 18.10.2016 and the same was received by the applicant/defendant on 23.12.2021. The balance amount of Rs.75,00,000/which will be ready to withdraw the said amount. Therefore, he has filed this application for receiving the said amount.
auction by the applicant/defendant, the respondent/plaintiff filed the above suit for
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redemption of mortgage before this Court. Thereafter, when the suit was posted for trial, the suit has been referred to before the Mediation for settlement on 28.08.2018, a compromise has been arrived before the Mediation for an amount of Rs.75,00,000/- within a period of three months. By recording the compromise memo based on that this suit has also decreed as prayed for on 10.09.2018. When the applicant/defendant did not come forward to receive the amount as per the compromise decree, the respondent/plaintiff filed an application No.9659 of 2018 in C.S.No.737 of 2011 seeking permission of this Court to deposit the settlement amount of Rs.75,00,000/- to the credit of the suit and the same was allowed on 20.12.2018. Furthermore, the amount has been deposited to the credit of the civil suit by way of D.D.No.545073, dated 01.01.2019 drawn on Punjab National Bank, Mint Street, Chennai. Subsequently, the respondent/plaintiff filed an E.P.No.63 of 2019 before the learned Master, directing the Judgment Debtor to cancel the mortgage deed and to handover all the original documents such as original patta No.1119/1973 dated 24.05.1974, original parent document No.947 of 1959, dated 15.05.1959, sale deed by way of registered Document No. 758 of 1973, dated 10.09.1973 in favour of his vendor. However, the applicant/defendant did not come forward to cancel the Mortgage Deed failing which, this Court to direct the Sub Registrar, Sowcarpet, Chennai, to cancel the Document No.1177 of 2009, dated 23.11.2009 executed by him in favour of the Judgment Debtor. By order dated 18.12.2018, this Court directed the applicant/defendant to produce all the https://hcservices.ecourts.gov.in/hcservices/ original documents to the Decree Holder/plaintiff within two weeks and adjourned
the matter to 04.12.2009 for such compliance. Since the judgment debtor did not
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comply with the order again by order dated 16.12.2019, this Court granted alternative relief as prayed for by the Decree Holder in the execution petition, the Sub Registrar Office was directed to cancel the Doc.No.1177 of 2009 dated 23.11.2009 executed by the Decree Holder and simultaneously, directed to issue show cause notice to the Judgment Debtor as to why warrant of arrest should not be issued against him for non compliance of the order of this Court on payment of process fee and process fee also paid as directed by this Court.
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namely, S.Lakshmipathy, has filed a suit for permanent injunction. Subsequently, he has filed an O.A.No. 906 and 907 of 2011 in C.S.No. 737 of 2011 before this Court seeking an injunction restraining the applicant/defendant from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property and also from alienating the same to any third party. This Court by order dated 07.12.2011 passed a conditional order directing the respondent/plaintiff to deposit 50% of the accrued interest. Pursuant to the said conditional order passed, the respondent/plaintiff herein had deposited a sum of Rs.3,50,000/- to the credit of the suit in the name of the Registrar General, High Court, Madras. Moreover, the respondent/plaintiff has borrowed a sum of Rs.30,00,000/- from the applicant/defendant herein by executing a registered Mortgage Deed with regard to property situated at No.19/294, Mint Street, Chennai-600 003 in S.No.1320, Old No.6391, C.C.No.5552 measuring to an extent of one ground and 1933 sqft., in favour of the applicant/defendant. It is seen that all the original documents pertaining to the property has been handed over to the applicant/defendant at the time of availing the above loan. On 28.08.2018, a compromise had been entered between the parties for an amount of Rs.75,00,000/- before the Mediation. As per the compromise decree, the respondent/plaintiff filed A.No.9659/2018 in C.S.No.737 of 2011 seeking permission of this Court to deposit the settlement https://hcservices.ecourts.gov.in/hcservices/ amount of Rs.75,00,000/- to the credit of the suit by way of D.D.No.545073, dated 01.01.2019 drawn on Punjab National Bank, Mint Street, Chennai, by order dated
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20.12.2018. Thereafter, the respondent/plaintiff filed an E.P.No. 63 of 2019 before the learned Master directing the Judgment Debtor to cancel the mortgage deed and original documents. However, the applicant/defendant did not come forward to cancel the mortgage deed. By order dated 18.12.2018, this Court directed the Judgment Debtor to produce all the original documents to the respondent/plaintiff/D.H. within two weeks, since the applicant/defendant/J.D. did not comply with the order dated 16.12.2019 and hence, this Court granted alternative relief as prayed for by the Decree Holder in the Execution Petition, subsequently, the Sub Registrar of Sowcarpet, Chennai, directed to cancel the Doc.No.1177 of 2009, dated 23.11.2009 executed by the Decree Holder.
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there is a specific order dated 18.12.2018 to hand over all the original title deeds to
the respondent/plaintiff passed by the Executing Court, the applicant/defendant/D.H. has not complied with the said order. Hence, there is no merit in the application, this application is liable to be dismissed.
Sd./-V.B.S.J
22.04.2022
//Certified to be true copy// Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
EVK 05/05/2022
2 issues framed by the court
Whether an application for payment out of court deposit should be allowed when the judgment debtor failed to comply with an order to hand over original title deeds.
Whether the applicant's failure to surrender original documents collected at the time of borrowing disqualifies the claim for withdrawal of deposited money.
Gowtham Raj
S. Lakshmipathy
V. Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
