R.Ganesamoorthy, v. M.Govindarajan
Case brief
What is this about?
Consent/compromise disposal of appeal suit; specific performance suit OS No.167 of 2010, Principal District Judge, Tiruchirappalli; judgment and decree dated 02.11.2021; refund of advance sale consideration; joint memorandum of compromise dated 20.11.2025; Rs.90,00,000 full settlement; RTGS payments of 10.02.2025 and 06.10.2025; relinquishment of suit sale agreement dated 05.12.2007; cancellation deed to clear encumbrance; withdrawal of Rs.5,00,000 court deposit with accrued interest; cross objection under Order XLI Rule 22 read with Section 96 CPC withdrawn; delay condonation under Section 5 of the Limitation Act (21 days); appeal under Order 41 Rule 1 and 2 CPC; refund of court fee; compromise memo forming part of decree; Madras High Court, Madurai Bench; LRs of deceased 8th defendant unserved.
What did the court decide?
Appeal disposed of in accordance with the joint memorandum of compromise dated 20.11.2025, which forms part of the decree: respondents 1 to 7 paid Rs.90,00,000 as full settlement to the appellant (Rs.12,00,000 on 10.02.2025 and Rs.78,00,000 on 06.10.2025, both by RTGS); the appellant relinquished all rights and claims under the suit sale agreement dated 05.12.2007, agreed to withdraw the trial suit OS No.167 of 2010 and to cancel the sale agreement by a cancellation deed to clear encumbrance entries; the appellant is permitted to withdraw the Rs.5,00,000 deposited to the credit of the trial suit towards balance sale consideration along with accrued interest, with the Principal District Judge empowered to pass refund orders even without notice to the defendants; the respondents' cross objection and the delay-condonation petition are dismissed as withdrawn; appellant entitled to refund of court fee per Rules; no costs; connected miscellaneous petitions closed.