Appeal Suit No.233 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 24/2/2025 C O R A M THE HONOURABLE Mr.JUSTICE N. SATHISH KUMAR Appeal Suit No.233 of 2023 a n d C.M.P.Nos.9621 and 9625 of 2023 B. Kalaivani ... Appellant Vs Sundari Balachandran ... Respondent PRAYER : Suit filed under Section 96 of the Code of Civil Procedure against the judgment and decree dated 19/9/2022 in O.S.No.55 of 2017 on the file of Additional District Court (FTC) Arani, Tiruvannamalai District. For petitioner ... Mr.S.Nandhini Devi For respondent ... Ms.M.Ezhilarasi - - - - - O R D E R This Appeal Suit has been filed against the judgment and decree dated 19/9/2022 passed in O.S.No.55 of 2017 by the learned Additional District Judge (FTC) Arani, Tiruvannamalai District. Page No:1/4 https://www.mhc.tn.gov.in/judis Appeal Suit No.233 of 2023 2. Heard Ms.S.Nandhini Devi, learned counsel for the appellant and Ms.M.Ezhilarasi, learned counsel for the respondent. 3. Both the appellant and the respondent were present before this Court and unanimously submitted that a settlement has been entered into between them and they have filed a Joint Memo of Compromise, dated 24/2/2025, to that effect, wherein, the appellant has agreed to pay a sum of Rs.17,50,000/- (Rupees Seventeen lakhs and fifty thousand only) in full quit and the respondent/plaintiff has agreed to receive the said amount and the same will be paid through RTGS, by today itself, i.e., on 24/2/2025. 4. In the said Joint Memo of Compromise, it is further agreed that the respondent has no objection for return of the Registered Sale Agreement Ex.A.1, original title deed of the appellant/defendant's sale deed/Ex.A.2 and the original mortgage deed dated 18/2/2023 which are in the custody of the respondent. Page No:2/4 https://www.mhc.tn.gov.in/judis Appeal Suit No.233 of 2023 5. The Joint Memo of Compromise, was duly signed by the parties and their respective counsel is taken on record. 6. In such a view of the matter, as the matter is settled out of the Court, decree and judgment granted by the learned Additional District Judge, Arni, Tiruvannamalai District, for specific performance of an agreement, dated 18/2/2013 in O.S.No.55 of 2017 stands set aside and the Appeal Suit is allowed. No costs. Consequently, connected Civil Miscellaneous Petitions are closed. 7. Registry is directed to send back the original records to the learned Additional District Judge, Arni, Tiruvannamalai District, within a week from today and when the appellant files a necessary application before the trial Court for return of the Registered Sale Agreement, Original title deeds and the original mortgage deed, trial Court is directed to return the same, within a period of one week, thereafter, without any further delay. Page No:3/4 https://www.mhc.tn.gov.in/judis Appeal Suit No.233 of 2023 N.SATHISH KUMAR,J mvs. 8. Registry is further directed to refund the Court fee paid on appeal Memorandum to the appellant, as per the Rules. 24/2/2025 mvs. Index : Yes / No Neutral Citation: Yes/No Note: Issue today To The Additional District Court (FTC) Arani, Tiruvannamalai District. A.S.No.233 of 2023 Page No:4/4 https://www.mhc.tn.gov.in/judis