CRP/3373/2026 of R.THENMOZHI Vs M.CHINNATHAMBI on 29 September 2026

ORDER

This Civil Revision Petition has been filed seeking to set aside the fair and decreetal order dated 17.12.024 passed in I.A No.600 of 2024 in O.S No.313 of 2008 by the District Munsif cum Judicial Magistrate at Vikravandi, by allowing the said Civil Revision with cost.

2. The Revision Petitioners are the daughters of one Palani, who was the original owner of the suit property. The said Palani entered into an agreement of sale with the respondent herein for sale of the said suit property. Alleging default in performing the vendor’s part of the contract, the respondent herein filed a suit against the parents of the revision petitioners for specific performance in O.S No.313 of 2008 for execution of the sale deed, pursuant to the agreement of sale entered into by the father and mother of the revision petitioners. The suit came to be decreed, even during the life time of the parents of the revision petitioners on 19.12.2008. However, admittedly, no sale deed had been executed in favour of the respondent/plaintiff pursuant to the exparte decree. In the meantime, the revision petitioners, pursuant to the demise of their parents, sought for condonation of delay of 5417 days in filing an application to set aside the exparte decree for specific performance. The said application in I.A.No.600 of 2024 was dismissed on 17.12.2024 by the learned District Munsif cum Judicial Magistrate, Vikravandi. Challenging the said dismissal of condone

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delay application, the present revision petition has been filed.

3. After elaborate arguments advanced by Mr.G.Poonkunran and Mr.N.Suresh, appearing for the revision petitioners and the respondent respectively, I enquired whether the mother can be given a quietus, considering that the parents are no more and the sale deed is yet to be executed in favour of the respondent/decree-holder and possession continues to remain with the revision petitioners. After deliberations, the parties have arrived at an amicable compromise, based on which the petitioners have filed individual affidavits undertaking to pay total sum of Rs.10,00,000/- to the respondent/plaintiff on or before 28.12.2026, so that they will be in position to retain the suit property, which otherwise gets inherited by them from their parents, but for the decree for specific performance.

4. Mr.Suresh, learned counsel appearing for the respondent/plaintiff, on instructions, states that the respondent is also agreeable. However, he requested this Court to add a default clause.

5. Considering the above, this Civil Revision Petition is disposed of in the following manner:

i) In the event of the revision petitioners paying a sum of Rs.10,00,000/- to the respondent/plaintiff on or before 28.12.20226, without seeking any

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extension of time or any pretext whatsoever, then the said sum of Rs.10,00,000/- shall be received by the respondent/plaintiff in full and final settlement and satisfaction of the decree for specific performance in his favour, and agrees to waive his right to enforce the decree for specific performance.

ii) In the event of there being any default in payment of the said sum of Rs.10,00,000/-, then the revision petitioners shall not be entitled to the discretion this is being exercised purely on account of the settlement mooted and accepted between the parties and consequently, the decree for specific performance will stand restored and it shall be open to the respondent/plaintiff to proceed with the execution of the the decree as its stands in O.S.No.313 of 2008. Consequently, connected miscellaneous petition is closed. No costs.

6. Mr.G.Poonkunran, learned counsel for the revision petitioners also brought to my notice that the original registered sale deed in favour of the parents of the revision petitioners and the parent document have been marked in Ex.A5 and A6 during the trial of the suit. Considering that the petitioners are being given time to make payment by the end of the year, the respondent is directed to take out an application for return of the original documents in Ex.A5 and A6 and retain the said originals in his custody and shall hand over the same across the receipt of payment of Rs.10,00,000/-, on or before 28.12.2026.

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7. If any application is filed by the respondent/plaintiff for return of the original documents in Ex.A5 and A6, it shall be taken up expeditiously by the trial Court and the original documents shall be returned to the plaintiff / counsel for plaintiff within a period of two weeks from the date of application being filed. It is also made clear that on the said application, notice need not be ordered since this order is based on the consent of the petitioners/legal representatives of the defendants. 29-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Uma To The District Munsif cum Judicial Magistrate Vikravandi.

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P.B.BALAJI J. Uma CRP No. 3373 of 2026 and CMP No. 14493 of 2026 29-09-2026