R.Sridharan Vs R.Rajagopalan — Madras HC (2025) — LawSathi Research

R.Sridharan Vs R.Rajagopalan — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Decree Holders' acceptance of Rs.1,50,00,000/- and Rs.22,50,000/- from the Judgment Debtors as full and final settlement recorded; attachment raised and the order of attachment dated 08.10.2025 passed by the learned Master set aside, with intimation to the Registration Department; Execution Petition and connected miscellaneous applications closed without costs.

Issue for consideration

Whether, in view of the amicable out-of-court settlement recorded in the parties' Memo, the attachment in E.P. No.39 of 2025 should be raised and the order of attachment dated 08.10.2025 passed by the learned Master set aside. +1 more

Court's answer

Recording the Memo of amicable settlement filed by the parties and the submission of learned counsel on either side, the Court found it proper to raise the attachment and set aside the Order of attachment passed by the learned Master dated 08.10.2025 in E.P. No.39 of 2025.

Ratio / Principle

The necessary communication shall be sent to the concerned Registration Department to record the raising of attachment.

Key takeaways

In view of the amicable settlement, the Execution Petition is closed.ratio¶30
The connected miscellaneous applications are closed and no costs are awarded.ratio¶31

Detailed headnote1 paragraphs

Execution Petition (EP No. 39 of 2025, High Court of Judicature at Madras, P. Dhanabal J., 19-11-2025): Decree Holders R. Sridharan and Mrs. K.S. Padma Janaki (represented by Power Agent R. Vasudeven) had sought execution against Judgment Debtors R. Rajagopalan and R. Bhooma for payment of Rs.1,38,71,342/- with interest at 12% p.a. on Rs.1,20,00,000/-, failing which recovery by attachment and sale of the property in the Schedule of the suit. When the matter came up for hearing, learned counsel for both sides, with the parties present, submitted that the parties had settled the issue amicably out of Court and filed a Memo; under it the Decree Holders accepted Rs.1,50,00,000/- and Rs.22,50,000/- as full and final settlement and received the same. Recording the Memo, the Court raised the attachment, set aside the order of attachment passed by the learned Master dated 08.10.2025 in E.P. No.39 of 2025, directed that the necessary communication be sent to the concerned Registration Department to record the raising of attachment, and closed the Execution Petition along with the connected miscellaneous applications (A Nos. 5394 and 5395 of 2025), with no costs.

EP No. 39 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-11-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

EP No. 39 of 2025 and A No. 5394 of 2025 and A No. 5395 of 2025

R.Sridharan

2.Mrs. K.S. Padma Janaki Both Rep. by their Power Agent R.Vasudeven, No.17, Thiagaraja Gramani Street, T.Nagar, Chennai-600 017.

Petitioner(s)

..Vs...

R.Rajagopalan

2.R.Bhooma, Both residing at No.10, West Club Road, Shenoy Nagar, Chennai-600 030.

Respondent(s)

PRAYER

To direct the Judgment Debtor to pay the amount of Rs.1,38,71,342/- together

with interest at 12% p.a. on Rs.1,20,00,000/- till date of payment failing which

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

EP No. 39 of 2025

recover the amount by attachment and sale of the property mentioned in the Schedule of the suit and pay the amount mentioned to the Decree Holder.

For Petitioners/Plaintiffs/Decree Holders: Mr. R. Mukundan

For Respondents/Defendants/Judgment Debtors: M/s. Vishnu Mohan Ms. S. Rekha

ORDER

When the matter came up for hearing today, the learned counsel for the Petitioners/Decree Holders/plaintiffs and the learned counsel for the respondents/Defendants/Judgment Debtors along with their parties are present and submitted that both the parties have settled the issue amicably out of Court and have filed a Memo to that effect.

On perusal of the Memo, it is seen that the Petitioners/Decree Holders/plaintiffs have accepted the amount of Rs.1,50,00,000/- and Rs.22,50,000/- as full and final settlement and also received the same from the respondents/Judgment Debtors as full and final settlement.

In view of the amicable settlement arrived between the parties, recording the memo filed by the parties to that effect and submission made by the learned counsel on either side, it is proper to raise the attachment and this Court set aside the Order of attachment passed by the learned Master dated 08.10.2025

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EP No. 39 of 2025

in E.P. No.39 of 2025 and the necessary communication shall be sent to the

concerned Registration Department to record the raising of attachment.

Accordingly, the Execution Petition is closed. Consequently, connected

miscellaneous applications are closed. No costs.

19-11-2025

Lbm

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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EP No. 39 of 2025

P.DHANABAL J.

Lbm

EP No. 39 of 2025 and A No. 5394 of 2025 and A No. 5395 of 2025

19-11-2025

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