AS No. 577 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2025 CORAM THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN AS No. 577 of 2025 and CMP Nos.10167 & 10168 of 2025 Sri.Pukraj, s/o Hastimalai, 52/54, Thiyagaraja, New Street-III, Coimbatore 641 001. Appellant(s) Vs D.Ramagopal, s/o Dhamodarasamy, 14A, 10th street, Ganapathypudir, Sanganoor Main Road, Coimbatore 641 006. Respondent(s) PRAYER Appeal suit filed under Section 96 of CPC to set aside the judgment and decree passed in O.S.No.450 of 2022, dated 04.09.2024 by the learned V Additional District and Sessions Judge, Coimbatore and thereby allow the appeal. For Appellant(s): Dr.A.E.Chelliah, Senior Counsel for Mr.K.Ramanujam For Respondent(s): D.Ramagopal, party in person JUDGMENT (Order of the Court was made by J.Nisha Banu J.) This Appeal Suit has been filed, challenging the judgment and decree passed in O.S.No.450 of 2022, dated 04.09.2024 by the learned V Additional District and Sessions Judge, Coimbatore. 2. The respondent/plaintiff filed the above said suit for specific 1 of 4 https://www.mhc.tn.gov.in/judis AS No. 577 of 2025 performance, based on the sale agreement dated 22.11.2006. The said suit was dismissed by the learned Trial Judge, finding that the Ex.A1 sale agreement is inadmissible one and hence, the suit, being filed based on the Ex.A1, is hit by period of limitation and therefore, the plaintiff has no right to seek the relief. Aggrieved by the same, the appellant/plaintiff has filed the present appeal. 3. Today, the appellant/plaintiff as well as the respondent/defendant have filed a joint memo of compromise, dated 18.07.2025, having signed by the appellant and his counsel and the respondent, party in person. In the said compromise memo, it is stated as follows. " 2. Pukhraj, the appellant/plaintiff and D.Ramagopal, the respondent/ defendant know each other for more tha decade and the appellant/plaintiff has also inspected the suit schedule property and knowingly with free consent, every time, period for execution has been extended and moneys have been paid to the respondent/defendant in the presence of the witnesses. 3. The sale consideration is Rs.35 Lakhs and Rs.5 Lakhs is due from the appellant/plaintiff to the respondent/defendant and the same would be paid. 4. It is with free consent and knowledge that the sale agreement is entered into by both the parties. There is the property and there is inspection by the appellant/plaintiff and there is the power of attorney for the respondent/ defendant from the owner who inherited the property as the only legal heir to his mother. All these factual position has been entered in the agreement dated 2 of 4 https://www.mhc.tn.gov.in/judis AS No. 577 of 2025 21.11.2006and therefore the appellant/plaintiff feels that he is safe. 5. The respondent/defendant is willing to perform his part namely execution of sale deed and delivery of property. Both the parties have put their signature and pray this court for disposing the appeal, directing execution of sale deed and delivery of possession and payment of sale consideration by the other side." 4. Recording the joint memo of compromise dated 18.07.2025, this appeal is disposed of, in terms of the compromise entered into between the parties. The joint memo of compromise shall form part and parcel of this decree. (J.NISHA BANU J.) (M.JOTHIRAMAN J.) 22-07-2025 MST Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To D.Ramagopal, s/o Dhamodarasamy, 14A, 10th street, Ganapathypudir, Sanganoor Main Road, Coimbatore 641 006. 3 of 4 https://www.mhc.tn.gov.in/judis AS No. 577 of 2025 J.NISHA BANU J. AND M.JOTHIRAMAN J. mst AS No.577 of 2025 22-07-2025 4 of 4 https://www.mhc.tn.gov.in/judis