Sudalaimuthu Konar(Died) v. Arumugathammal (Died)
Case brief
What is this about?
Specific performance; permanent injunction; second appeal under S.100 CPC (S.A.No.216 of 2002, Madras High Court, Madurai Bench, R.Vijayakumar J., 21.07.2025) disposed of on a joint memorandum of compromise; consent decree; Rs.7,00,000 (Rupees Seven Lakhs) sale consideration for undivided half share in suit schedule properties payable within two months; execution and registration of sale deed at appellant's expense; default clause entitling respondents to possession per final decree dated 15.07.1983 in I.A.No.1801 of 1983 in O.S.No.532 of 1978 (District Munsif Court, Tirunelveli); no order as to costs; LR substitutions and impleadments recorded (C.M.P(MD)No.1911 of 2005; M.P(MD)No.1 of 2008; M.P(MD)Nos.1 of 2012 and 1 of 2013; C.M.P(MD)No.655 of 2024); no merits adjudication; no precedent cited.
What did the court decide?
Second appeal disposed of in terms of the joint memorandum of compromise (clauses 1-8), which forms part of the decree: appellant to pay Rs.7,00,000/- as sale consideration for the respondents' undivided half share right in the suit schedule properties within two months of receipt of copy of order; respondents to execute and register the sale deed upon receipt; on the appellant's failure, respondents entitled to delivery of possession of their half share as per the final decree dated 15.07.1983 in I.A.No.1801 of 1983 in O.S.No.532 of 1978 on the file of the District Munsif Court, Tirunelveli; no order as to costs.