CRP(MD)/1549/2023 of K.P. Ramalingam Vs S.RAMASAMY on 29 September 2026

ORDER

This petition has been filed to set aside the fair and decreetal order dated 15.11.2022 in I.A. No. 1 of 2022 in A.S. SR. No. 2039 of 2022 on the file of the Principal District Judge, Karur.

2. The respondent herein filed a suit in O.S. No. 379 of 2015 before the Sub Court, Karur, for the recovery of money based on the mortgage deed dated 11.10.2012 executed in his favour. After a full-fledged trial,

CRP(MD) No. 1549 of 2023 the trial Court passed a preliminary decree on 19.03.2018. The respondent also filed an application in I.A. No. 294 of 2019 for passing a final decree, which was passed by the trial Court on 12.09.2019. Subsequently, the respondent filed E.P. No. 146 of 2020 for the execution of the decree and recovery of possession. Hence, the petitioner filed an appeal before the District Court, Karur, challenging the ex parte final decree dated 12.09.2019, with a petition to condone the delay of 1,376 days in filing the appeal. The said petition was dismissed on 15.11.2022.

3. Challenging the above said order passed by the District Court, Karur, dated 15.11.2022, the present revision petition has been filed.

4. During the pendency of this petition, the matter has been compromised between the parties.

5. When the matter came up for hearing today, the revision petitioner appeared through video conference from the office of his learned counsel, and the respondent appeared before this Court along with his counsel. Both parties also produced their Aadhaar cards and were identified by the Registry of this Court. The revision petitioner had already deposited a sum of Rs.8,57,000/- and further agreed to pay a sum

CRP(MD) No. 1549 of 2023 of Rs.2,77,208/- to the revision respondent/decree holder towards the balance amount payable under the decree, which was also accepted by the revision respondent. Hence, the petitioner and the respondent amicably settled the dispute. A joint memo of compromise was filed, duly signed by the petitioner, the respondent, and their respective counsel. Both parties were examined by this Court, and they accepted the following terms of compromise: “The Revision Petitioner is the Judgment Debtor in the Execution Petition Numbered as E.P.No.146 of 2020 on the file of the learned Principal Sub Court arising out of the decree passed in O.S.No.379 of 2015.

2. In order to bring the dispute to an end amicably, in full and final settlement, the Revision Petitioner has agreed to pay a further sum of Rs.2,77,208/- (Rupees Two Lakh Seventy-Seven Thousand Two Hundred and Eight only) to the Decree Holder/Respondent herein towards the balance amount payable under the decree.

3. The Decree Holder/Respondent herein has agreed to receive the said amount of Rs.2,77,208/- (Rupees Two Lakh Seventy-Seven Thousand Two Hundred and Eight only) as full and final satisfaction of the balance Decreetal amount and from all other claims arising out of the decree and the Execution Petition.

4. To acquiesce, the Judgment Debtor/Petitioner has deposited Rs.2,77,208/- (Rupees Two Lakh Seventy-Seven Thousand Two Hundred and Eight only) via a demand draft (DD) Numbered 911873, dated 23.09.2026 Twenty Third of September Two Thousand and Twenty Six) towards the Decree

CRP(MD) No. 1549 of 2023 Holder/Respondent’s name (S.Ramasamy) in the Bank of Baroda, Karur Branch (IFSC:BARBOKARURX)

5. Upon receipt of the aforesaid balance amount, the Decree Holder/Respondent herein shall have no further claim against the Revision Petitioner in respect of the decree, and shall not initiate or pursue any further execution or recovery proceedings in respect of the same.

6. The Decree Holder/Respondent herein has agreed that the Execution Petition shall be closed as fully and finally satisfied, and that no further amount shall be claimed or recovered from the Revision Petitioner pursuant to the said decree.

7. In view of the above settlement, the parties respectfully pray that this Hon’ble Court may be pleased to dispose of the Civil Revision Petition in terms of the above compromise, recording the compromise entered into between the parties, and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Hence, it is most respectfully prayed that this Hon’ble Court may be pleased to record the above Clauses of compromise and dispose of this Civil Revision Petition in terms thereof and thus render justice.”

- Hence, the Compromise Memo dated 29.09.2026, is recorded.

6. Considering the totality of the circumstances and also in view of the joint compromise memo, dated 29.09.2026 which was directly presented before this Court, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and hence, the fair and decreetal order dated 15.11.2022 is liable to be set aside.

CRP(MD) No. 1549 of 2023

7. In the result, the Civil Revision Petition stands allowed and the fair and decreetal order passed by the Principal District Judge, Karur, in I.A. No. 1 of 2022 in A.S. SR. No. 2039 of 2022 dated 15.11.2022, is hereby quashed and the terms of joint compromise memo shall form part of this order. No costs. Consequently, the connected miscellaneous petition is closed.

8. The revision respondent/Decree Holder is at liberty to withdraw the amount already deposited by the revision petitioner/Judgment Debdor in E.P. No. 146 of 2020 in O.S. No. 379 of 2015 on the file of the Principal Sub Court, Karur, along with the interest accrued thereon. Both parties shall appear before the Principal Sub Court, Karur, and not press E.P. No. 146 of 2020 in O.S. No. 379 of 2015, in view of the Compromise Memo dated 29.09.2026 entered into between the parties. 29-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DSS

CRP(MD) No. 1549 of 2023 R.POORNIMA, J. DSS To The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai. CRP(MD) No. 1549 of 2023 and CMP(MD)No.7625 of 2023 29-09-2026