Madras High Court

AS(MD)/212/2026 of Aadhilakshmi Vs Divya Devi on 23 September 2026

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A.S.(MD)No.212 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 23.09.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

and

THE HONOURABLE MRS.JUSTICE M.D.SUMATHI

AS(MD) NO. 212 of 2026

{CNR: HCMD010336222026}

Case QR

Aadhilakshmi

... Appellant

Vs.

Divya Devi

... Respondent

Prayer : Appeal Suit filed under Section 96 of Civil Procedure Code, to set aside the judgment and decree dated 19.12.2025 in O.S.No.196 of 2022 on the file of the Additional District and Session Judge, Srivilliputhur.

For Appellant

: Mr.A.Kowsik Raghu Rajaa

For Respondent

: Mr.R.J.Karthick

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A.S.(MD)No.212 of 2026

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JUDGMENT

(By G.R.Swaminathan, J.) The defendant in O.S.No.196 of 2022 on the file of the Additional District and Sessions Court, Srivlliputhur is the appellant before us.

2. The respondent herein entered into a sale agreement with the appellant on 23.12.2020. The respondent had paid a sum of Rs.25,00,000/- towards advance. But the sale transaction could not go through. The appellant sent notice on 03.11.2021 offering to refund the advance amount. Unfortunately, the respondent did not agree but insisted on conveyance of the property. Thereafter, the respondent instituted O.S.No.196 of 2022 for recovery of the advance amount with interest.

3. The Court below decreed the suit on 19.12.2025 and directed the appellant herein to repay a sum of Rs.27,37,500/- together with interest at the rate of 9% per annum on Rs.25,00,000/-. Aggrieved by the same, this appeal came to be filed.

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A.S.(MD)No.212 of 2026

4. The parties have entered into a compromise and settled the matter. The respondent has given up her claim of interest from the date of agreement till date of institution of the suit. The appellant agrees to pay interest on Rs.25,00,000/- at the rate of 6% per annum from the date of suit till date of full repayment. It is to be noted that pursuant to the interim order given by this Court, a sum of Rs.15,00,000/- was already paid by the appellant to the respondent. Te balance amount alone has to be paid. The appellant is agreeable to receive interest at the rate of 6% per annum instead of 9% per annum. Since the matter has been amicably settled out of Court, there has to be refund of the entire court-fee.

5. Considering the special facts and circumstances, we direct the Registry to issue certificate for refund of the court-fee. Immediately upon receipt of the court-fee amount from this Court, the appellant undertakes to pay the same to the respondent directly. We grant eight weeks time to the appellant to clear the liability. The charge made on the suit schedule property shall stand raised.

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A.S.(MD)No.212 of 2026

6. This appeal is disposed of accordingly. No costs. (G.R.S. J.,) & (M.D.S. J.,) 23.09.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To: The Additional District and Session Court, Srivilliputhur. Copy to: The Section Officer, ER/VR Section, Madurai Bench of Madras High Court, Madurai.

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A.S.(MD)No.212 of 2026

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A.S.(MD)No.212 of 2026 G.R.SWAMINATHAN, J. and M.D.SUMATHI

, J.

ias A.S.(MD)No.212 of 2026

23.09.2026

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