K.Kalaiselvi Vs a.Arumugam — Madras HC (2026) — LawSathi Research

K.Kalaiselvi Vs a.Arumugam — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Second Appeal disposed of in terms of the parties' compromise: appellant paid Rs.5,50,000/- to the respondent by Demand Draft No.060163 dated 09.01.2026 (State Bank of India, Panruti Branch) as full and final settlement; respondent permitted to withdraw the amount deposited in the Trial/Appellate Court with accrued interest within two weeks; appellant permitted to recover the original Title Deed Ex.B1 within two weeks; Trial Court to return the deposit and document to the respective parties on verification; Memorandum of Compliance dated 26.09.2023 forms part of the decree; no costs; connected miscellaneous petition CMP No.16012 of 2021 closed.

Issue for consideration

Whether the judgment and decree dated 26.03.2021 in AS.No.11 of 2016 (Subordinate Judge, Panruti), confirming the judgment and decree dated 01.08.2016 in O.S.No.721 of 2004 (District Munsif Court, Panruti), ought to be set aside as sought in the Second Appeal.

Court's answer

The Second Appeal is disposed of in terms of the compromise arrived at between the parties; the Memorandum of Compliance dated 26.09.2023 shall form part of the decree; no costs awarded; the connected miscellaneous petition (CMP No.16012 of 2021) is closed.

Ratio / Principle

Both parties agreed to settle the matter for Rs.5,50,000/- towards full and final settlement; the appellant issued Demand Draft No.060163 dated 09.01.2026 drawn on State Bank of India, Panruti Branch, and the respondent received the said Demand Draft before this Court.

Key takeaways

The respondent/plaintiff is permitted to withdraw the amount deposited in the Trial Court or the Appellate Court, if any, along with accrued interest, within two weeks from receipt of a copy of the order, after filing proper application before the Trial Court.ratio¶32
The appellant/defendant is permitted to get back the original documents, i.e., Title Deed Ex.B1 filed before the Trial Court, within two weeks from receipt of a copy of the order, after filing proper application before the Trial Court.ratio¶32

Detailed headnote1 paragraphs

MADRAS HIGH COURT - SA No. 831 of 2021 with CMP No. 16012 of 2021 (T.V. Thamilselvi J., 03-02-2026): Second Appeal against the judgment and decree dated 26.03.2021 of the Subordinate Judge, Panruti in AS.No.11 of 2016, confirming the judgment and decree dated 01.08.2016 of the District Munsif Court, Panruti in O.S.No.721 of 2004, was disposed of in terms of a compromise between the parties, without any adjudicated findings. The parties agreed to a full and final settlement of Rs.5,50,000/-, paid by the appellant to the respondent through Demand Draft No.060163 dated 09.01.2026 on State Bank of India, Panruti Branch, received before the Court. The respondent/plaintiff was permitted to withdraw the amount deposited in the Trial Court or Appellate Court with accrued interest, and the appellant/defendant to get back the original Title Deed Ex.B1, both within two weeks upon filing proper applications; the Trial Court was directed to return the deposit and the document to the respective parties on verification. The Memorandum of Compliance dated 26.09.2023 forms part of the decree. No costs; connected miscellaneous petition closed.

SA No. 831 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-02-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

SA No. 831 of 2021

AND

CMP NO. 16012 OF 2021

K.Kalaiselvi

W/o.Kannappillai, No.50 Sundara Mastery Nagar, Kauri Thirumana Mandapam Opposite, Diversion Road, Panruti Taluk, Cuddalore District.

..Appellant(s)

Vs

A.Arumugam

M/a.62 Years, S/o.Arunachalam, Thiruvamoor Village And Post, Periya Colony, Panruti Taluk, Cuddalore District.

..Respondent(s)

SA No. 831 of 2021

To set aside the Judgment and decree dated 26.03.2021 made in AS.No.11 of 2016 on the file of Subordinate Judge, Panruti in confirming the Judgement and decree dated 01.08.2016 made in O.S.No.721 of 2004 on the file of the District Munsif Court, Panruti.

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SA No. 831 of 2021

SA No. 831 of 2021

For Appellant(s): Mr.C.Prabakaran For Respondent(s): Mr.V.K.Thiruvengadam for Mr.A.Sundaravadhananan

JUDGMENT

When the matter is taken up for hearing, today, the learned counsels on either sides appeared along with their respective parties and submitted that both the parties have agreed to settle the matter for a sum of Rs.5,50,000/- towards full and final settlement. Accordingly, the appellant issued the said amount by way of Demand Draft No.060163 dated 09.01.2026 drawn on State Bank of India, Panruti Branch, to the respondent and the respondent is also received the said Demand Draft for Rs.5,50,000/- before this Court. The True copy of the DD is also enclosed along with Memo of compliance.

The learned counsel for the appellant/defendant would submit that the appellant/defendant may be permitted to get the return of the original Documents ie. Sale deed-Ex.B1 from the Trial Court.

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SA No. 831 of 2021

3.The learned counsel for the respondent/plaintiff would submit that the

respondent/plaintiff may be permitted to withdraw the amount which was deposited before the Trial Court along with accrued interest.

4.In view of the aforesaid submissions made by the learned counsels on

either side and having considered the memo of compliance filed by the parties concerned, the respondent/plaintiff is permitted to withdraw the amount which was deposited in the Trial Court or the Appellate Court if any, along with accrued interest within a period of two weeks from the date of receipt of copy of this order after filing proper application before the Trial Court. Further, the appellant/defendant is also permitted to get back the original documents, ie. Title Deed-Ex.B1 filed before the Trial Court after filing of proper application before the Trial Court within a period of two weeks from the date of receipt of copy of this order.

Further, the Trial Court is directed to return the amount deposited by

the respondent/plaintiff and Original document ie.Title deed-Ex.B1 belongs to the appellant/defendant, to the respective parties on verification.

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SA No. 831 of 2021

Accordingly the Second Appeal is disposed of in terms of the

compromise arrived between the parties. The Memorandum of Compliance dated 26.09.2023 shall form part of the decree. No costs. Consequently, connected miscellaneous petition is closed.

03-02-2026

Index: Yes/No

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

Lbm

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SA No. 831 of 2021

SA No. 831 of 2021

To

A.Arumugam

M/a.62 Years, S/o.Arunachalam, Thiruvamoor Village And Post, Periya Colony, Panruti Taluk, Cuddalore District.

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SA No. 831 of 2021

T.V.THAMILSELVI J.

Lbm

SA No. 831 of 2021 AND CMP NO. 16012 OF 2021

03-02-2026

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