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Suseetha Chandrasekaran v. Kavithalaya Builders

Madras HC18 Sept 2025CMP/20779/2025

Case brief

AI extract

What is this about?

Deposit of decretal amount to mitigate interest accrual; Section 151 CPC application; specific performance suit O.S.No.3734 of 2022 (XVIII Additional City Civil Court, Chennai); decree dated 21.06.2023 for refund of advance Rs.30,00,000/- with 9% per annum interest from agreement date 29.04.2006 till decree date 21.06.2023 and 6% subsequent interest; defendants did not appeal; plaintiffs' Appeal No.724 of 2023 pending; C.M.P.No.20779 of 2025 in A.S.No.748 of 2025; deposit deadline 25.09.2025; posted on 16.10.2025; Madras High Court; Dr. G. Jayachandran and Mummineni Sudheer Kumar, JJ.

What did the court decide?

Permission to deposit the decree amount along with interest on or before 25.09.2025 in the account relating to O.S.No.3734 of 2022 on the file of the XVIII Additional City Civil Court, Chennai; matter posted on 16.10.2025.

Suseetha Chandrasekaran Vs Kavithalaya Builders — Madras HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18.09.2025

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CORAM:

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THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

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and THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR

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C.M.P.No.20779 of 2025

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A.S.No.748 of 2025

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1.Suseetha Chandrasekaran 2.Sheeba John Kennedy 3.Shoba David Antonyraj

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4.John Paul 5.Robert Runcie

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.. Petitioners / Respondents

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Vs.

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1.M/s.Kavithalaya Builders Registered Partnership Firm, by its Partners 1. Murugesan, S/o. P.Rasu,

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Having office at No.51, Velacherry Main Road, Velachery, Chennai-600 042.

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2.A.Sivasankar .. Respondents / Appellants

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PRAYER: Appeal Suit is filed under Section 151 of C.P.C, to permit the petitioner to deposit the decree amount along with interest in the Court.

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For Petitioners : Mr.J.Joseph Stalin

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

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For Respondents : Ms.Gopika Nambiar

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ORDER

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[Order of the Court was made by Dr.G.JAYACHANDRAN., J.]

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The suit for specific performance, with an alternate relief for refund

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of the advance amount, was considered by the trial Court. By a decree dated 21.06.2023, this Court directed the defendants to refund a sum of Rs.30,00,000/-, which has been received as advance from the plaintiffs with interest at the rate of 9% per annum from the date of agreement (i.e., 29.04.2006) till the date of decree (i.e., 21.06.2023) and subsequent interest at the rate of 6% till its realization.

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2. The defendants accepted the decree and did not prefer any appeal.

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However, the plaintiffs, being aggrieved by rejection of the main relief of specific performance, has filed Appeal No.724 of 2023 before this Court and same is pending.

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3. Meanwhile, the defendants, who are the respondents in the appeal,

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has filed an application pursuant to the order of the trial Court. After notice,

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

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the learned counsel appearing for the appellants states that the appeal itself

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may be taken up for final disposal, since the appellants are not satisfied with the alternate relief granted by the trial Court.

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4. Whereas, the learned counsel appearing for the respondents/defendants states that due to the delay in execution, the respondents are mulcted with paying interest on the decree amount. Therefore, they prayed that the respondents may be permitted to deposit the decree amount along with interest, so as to mitigate further accrual of interest.

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5. This Court finds merit in the submissions made by the learned

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counsel for the petitioners in C.M.P.No.20779 of 2025. Hence, the petition is allowed. Th petitioners/respondents are directed to deposit the decree amount along with interest on or before 25.09.2025 in the account relating to O.S.No.3734 of 2022, on the file of the XVIII Additional City Civil Court, Chennai.

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

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6. Post the matter on 16.10.2025.

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[Dr.G.J., J.] & [M.S.K., J.] 18.09.2025

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rpl To

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The XVIII Additional City Civil Court, Chennai.