A.Muralimohan Vs Malar

Prayer : This Petition has been filed under Section 115 of the Code of Civil Procedure, to set aside the order and decree dated 09.06.2023, made in E.P.No.99/2019 in O.S.N.77/2015, on the file of Principal District Judge's Court, Vellore, Vellore District By allowing the present Civil Revision Petition.

¶14

For Petitioner(s): Mr. A. Gouthaman For Respondent(s): Mr. C.Rajaguru (For R1 & R2)

¶15

ORDER

¶16

This matter has been listed under the caption “For Being Mentioned” today, at the instance of the learned counsel for the petitioner, indicating that the amount very deposited pursuant to the pre-condition for grant of stay had been kept in Fixed Deposit by the Registrar General.

¶17

Page1 of 7

¶18

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

¶19

CRP No. 3061 of 2023

¶20

In view of the same, in paragraph No.4 of the order dated 12.03.2026

¶21

in C.R.P.No.3061 of 2023, in the penultimate line, after the word “respondent”,

¶22

the following shall be included:

¶23

“together with interest accrued thereon by recalling the Fixed Deposit”

¶24

22-04-2026

¶25

Note: Registry is directed to carry out the necessary corrections and issue fresh order copy to the respective parties.

¶26

kak

¶27

__________ Page2 of 7

¶28

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

¶29

CRP No. 3061 of 2023

¶30

K.KUMARESH BABU, J.

¶31

kak

¶32

CRP No. 3061 of 2023

¶33

22-04-2026

¶34

__________ Page3 of 7

¶35

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

¶36

CRP No. 3061 of 2023

¶37

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶38

DATED: 12-03-2026

¶39

CORAM

¶40

THE HON'BLE MR.JUSTICE K.KUMARESH BABU CRP No. 3061 of 2023 and CMP No. 18956 of 2023

A.Muralimohan

..Petitioner(s)

Vs

Malar

¶45

4. R Geetha

¶46

..Respondent(s)

¶47

Prayer : This petition has been filed under Section 115 of the Code of Civil Procedure, to set aside the order and decree dated 09.06.2023, made in E.P.No.99/2019 in O.S.N.77/2015, on the file of Principal District Judge's Court, Vellore, Vellore District by allowing the present Civil Revision Petition.

¶48

For Petitioner(s): Mr.A.Gouthaman For Respondent(s): Mr.C.Rajaguru

¶49

O R D E R

¶50

The petitioner herein, who was the owner of the property, had entered

¶51

into an agreement for sale with respondents 1 and 2. The respondents had initiated a suit for specific performance in which a decree for refund of the advance received was made. The respondents have also initiated an Execution Proceeding for return of the advance amount, in which an order of arrest had

¶52

Page4 of 7

¶53

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

¶54

CRP No. 3061 of 2023

¶55

been made. This Court recording the interest of the parties to resolve the dispute and on taking the memo of calculation had directed the petitioner to pay a sum of Rs.9 lakhs in full quit subject to the respondents handing over the original title deeds which are handed over to them by the petitioner at the time of entering into the agreement.

¶56

Today, the learned counsel for the petitioner had placed on record a demand draft bearing No.129406 for a sum of Rs.9 lakhs drawn on Bank of Barodam Melavanur Branch, Vellore in favour of the second respondent dated 09.03.2026. The original settlement deed that was handed over by the respondent to the petitioner has also been placed on record by the learned counsel for the respondent.

¶57

The parties are also present before this Court and the Demand Draft is directed to be handed over to the learned counsel for the respondents and the same was handed over and acknowledgment of which is recorded. Similarly, the original title deed which was handed over to the petitioner and recognized by the petitioner has also been handed over to the learned counsel for the petitioner and the acknowledgment of the same is also recorded.

¶58

In view of the same, the order of arrest cannot stand any more. It is also noted that as a precondition for grant of stay the petitioner was directed to

¶59

Page5 of 7

¶60

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

¶61

CRP No. 3061 of 2023

¶62

deposit a sum of Rs.1,00,000/-. In view of the full and final settlement of Rs.9,00,000/-, the respondents are permitted to withdraw the said amount lying to the credit of the Civil Revision Petition. On a memo being filed by the respondents, the Registrar General shall take steps to disburse that one lakh to the respondents without notice to the petitioner, in addition to the said Rs.9,00,000/-.

¶63

The jurisdictional Sub-Registrar shall also make an entry of the judgment and decree made in O.S.No.77 of 2015 on the file of the Principal District Judge, Vellore, on production of this order copy.

¶64