Madras High Court
CRP/2206/2023 of N.KARUNAMOORTHY Vs V.MATHIAZHAGAN on 24 August 2026
CRP No. 2206 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-08-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 2206 of 2023
& CMP.No.13342 of 2023
N.Karunamoorthy
..Petitioner(s)
Vs
V.Mathiazhagan
..Respondent(s)
To set aside the fair and decreetal order dated 05.06.2023 passed in EA No.4 of 2021 in EP No.55 of 2005 in OS No.200 of 1990 on the file of District Munsif of Ambattur, by allowing this Civil Revision Petition For Petitioner(s):
Mrs.Elizabeth Ravi
For Respondent(s):
M/s.M.V.Seshachari
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ORDER
The matter is listed today under the caption ‘for being mentioned’.
2. The learned counsel on either side point out that by inadvertence, the name of the Sub Registrar at clause 5 in paragraph No.3 has been erroneously incorporated as Sub Registrar, Poonamallee, instead of Sub Registrar, Ambattur. Hence, they seek for necessary corrections to be carried out in the order dated 17.08.2026.
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3. In view of there being no prejudice caused to either of the parties by incorporating the name of the Sub Registrar as Sub Registrar, Ambattur, instead of Sub Registrar, Poonamallee, I am inclined to entertain the request for necessary corrections in the order dated 17.08.2026 and also in the joint compromise memo dated 14.08.2026 by incorporating the correct jurisdiction of the Sub Registrar.
4. The Registry is directed to carry out necessary corrections as indicated above in the order dated 17.08.2026 and issue a fresh order copy to the parties. 24-08-2026 ATA
CRP No. 2206 of 2023
P.B.BALAJI, J. ATA CRP No. 2206 of 2023 24-08-2026
CRP No. 2206 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-08-2026
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI CRP No. 2206 of 2023 and CMP No.13342 of 2023
1. N.Karunamoorthy S/o Nagasundaram, No.34/103, Krishna Street, ICF Employees Colony, Athipet, Chennai - 600 058 Petitioner(s) Vs
1. V.Mathiazhagan s/o Varadan, No.304, 3rd Main Road, Jawahar Nagar, Agaram, Chennai Respondent(s) Revision filed under Sectioin 115 of Civil Procedure Code against the fair and decreetal order dated 05.06.2023 passed in E.A.No.4 of 2021 in EP No.55 of 2005 in O.S.No.200 of 1990 on the file of District Munsif, Ambattur. For Petitioner(s): Ms.Elizabeth Ravi For Respondent(s): Mr.M.V.Seshachari
ORDER
The parties have entered into Joint Memo of Compromise, original of which, is duly signed by the parties and also the respective counsel dated
CRP No. 2206 of 2023
14.08.2026. Recording the said terms of the above said compromise memo, the civil revision petition is disposed of. The compromise memo shall form part and parcel of the order.
2. Mr.M.V.Seshachari, learned counsel for the respondent states that originally a different compromise was reached between the same parties before the Mediation Centre, however, subsequently, the present Memorandum of Compromise dated 14.08.2026 has been executed and placed before this Court for approval. However, Ms.Elizabeth Ravi, learned counsel for the petitioner states that the original compromise memo that was entered into before the Medication Centre set out the modalities of payment alone and now the present memorandum of compromise records the factum of payment in terms of the earlier memoradum of compromise. Now that, the entire money has been paid, it would suffice to record the latest memorandum of compromise dated 14.08.2026.
3. The terms of the Memorandum of Compromise dated 14.08.2026 is extracted hereunder: “ 1. In view of the fully payment of Rs.1,80,00,000/- (Rupees One Crore Eighty Lakhs Only) by the petitioner to the respondent as s compensation and damages to the respondent, the respondent doth hereby give up, waive, relinquish,
CRP No. 2206 of 2023
and release all his title,’ rights and interest in respect to the land to an extent of 3200 sq.ft., with building constructed thereeon with a plinth area of 1600 sq.ft., under the sale deed dated 29.09.2000 in the schedule mentioned property as detailed hereunder, in favour of the petitioner.
2. The petitioner, having already purchased the entire land, as per the schedule annexed hereunder together with the building standing thereon, under'Vthe above said sale deed dated 17.07.2004, registered as Document No.8291/04 on the file of WHEREAS the parties hereto desired of reducing the terms of the compromise as entered by them before the Mediator, and accordingly, this compromise petition is filed before this Honourable Court to record the same as hereunder ‘ J the Sub Registrar, Ambattur, from the original owner lawfully entitled to the land,and the building as well, though the petitioner being the bonafide lispendens purchaser, as, the said sale deed dated 29.09.2000 came to be registered only on 25.08.2004.
3. The respondent accepts the title of the petitioner, under the above said sale deed dated 17.07.2004, and in view of the same, the respondent agrees to have his sale deed dated 29.09.2000 executed by the learned Subordinate
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Judge, Poonnamallee on behalf of the defendants S.Muthu Krishnan, and T.Jane, in favour of the respondent, and registered as Document No.5430 of 2004, on the file of the Sub Registrar, Ambattur, be stood cancelled.
4. Accordingly, the respondent agrees to have his sale deed dated 29.09.2000 executed by the learned Subordinate * Judge, Poonnamallee on behalf of the defendants S.t'luthu Krishnan and T.Jane in favour of the respondent, and registered as Document - No.5430 of 2004, on the file of the Sub Registrar, Ambattur, be cancelled, removed and deleted from the Registers of the Sub Registrar of Ambattur.
5. The respondent admits and accepts the title of the petitioner, in respect to the schedule mentioned property, on the basis of the sale deed dated 17.07.2004, and in view of the sarne, the respondent agrees to have the sale deed dated 29.09.2000 executed by the Subordinate Judge, Poonnamalle be cancelled, deleted and removed by the Sub Registrar, Poonnamallee from his file.
6. The petitioner is at liberty to have this compromise decree be registered with the Sub Registrar of Ambattur and the respondent agrees to sign in all such documents for this purpose, as
CRP No. 2206 of 2023
may be necessary and if so required.
7. The parties herein have no mutual claim whatsoever, as against each other, in any manner, and the petitioner is entitled to continue to hold and enjoy the schedule land along with the building thereon in his own rights.
8. The petitioner reserves . and shall have right to institute appropriate legal proceedings, as against his predecessors in title, namely, S.Muthukrishnan, T.Jane and N.Sargunakumar, for the suppression of all the earlier legal proceedings culminated in O.S.No.200 of 1990, on the file of the Subordinate Judge, Poonamallee in accordance with law and the procedure.
9. The parties hereto shall bear their respective costs through out.”
4. With the above observation, the civil revision petition is disposed of. The Memorandum of Compromise dated 14.08.2026 shall form part and parcel of the order. No costs. 17.08.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order
CRP No. 2206 of 2023
P.B.BALAJI.,J sr To The District Munsif Court, Ambattur CRP No. 2206 of 2023 17.08.2026