IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 24.11.2025 Coram:

THE HONOURABLE MR.JUSTICE P.DHANABAL and O.A.No.1081 of 2017 --

1. Mr.E.Dorai

2. D.Yogeshwaran .. Plaintiffs Vs.

1. C.H.Balaiah

2. Nirmala Devi @ Nirmala Viswanathan

3. The Sub-Registrar, Sub-Registrar Office, Purasawalkam, Perambur Baraccks Road, Chennai-600 007. .. Defendants Civil Suit on being transferred from City Civil Court, Chennai and numbered as Tr.C.S.No.15 of 2023 before this Court, praying for judgment and decree as follows:

(i) to declare that the judgment and decree of this Court, dated

16.10.2006 passed in C.S.No.992 of 2001 is not binding on the plaintiff;

(ii) to declare that the sale deed dated 27.03.2017 executed by this Court in favour of the first defendant herein as null and void;

(iii) to pass an order of permanent injunction restraining third defendant herein from registering the sale deed, dated 27.03.2017 executed by this Court in favour of the first defendant herein in C.S.No.992 of 2001 and

27.02.2017, and (iv) for costs of the suit.

For plaintiff : Mr.G.Karthikeyan For defendants : Mr.R.Venkatraman for M/s.TATVA LEGAL, Chennai for D-1 Mr.P.J.Rishikesh for D-2 Mr.D.Gopal, Government Advocate for D-3 JUDGMENT When this Transfer Civil Suit is taken up for hearing, both sides'

learned counsel represented that the dispute between the parties, had been amicably settled. A Memo, dated 24.11.2025 had been filed on behalf of the first defendant in this suit, from which, it is clear that the plaintiffs and the first defendant have entered into a settlement agreement, dated 13.11.2025, wherein the plaintiffs have agreed to pay and settle the first defendant a total sum of Rs.40 lakhs towards full and final settlement in consideration of all rights, title, claims and interests, which the first defendant may hand-over the schedule property and in respect of the subject matter of the suit. As agreed by the parties, the above settlement amount shall be paid in four equated instalments of Rs.10 lakhs on or before 10th day of every month starting from 10.11.2025 and ending 10.02.2026. It is stated by the learned counsel for the parties that Rs.10 lakhs was paid on 07.11.2025 and the remaining amounts will have to be paid by three instalments on 10.12.2025, 10.01.2026 and 10.02.2026, each Rs.10 lakhs. If the plaintiffs fail to make payment of the above three instalments to the first defendant, they cannot claim the above said amounts already paid by them and the defendants can pursue the pending proceedings in accordance with law. Since the dispute between the parties had been amicably settled as stated above, this Transfer Civil Suit is disposed of in the above terms. The plaintiffs are entitled to refund of full Court fee. The original documents, if any filed along with the plaint, shall be returned to the plaintiffs, by replacing the same with certified copies. Whatever the amounts as on today that had been deposited by the plaintiffs to the credit of this Transfer Civil Suit, the defendants are entitled to withdraw the same. In view of prayer (a) made in the present Transfer Civil Suit, and as the present Transfer Civil Suit is now being disposed of in terms as agreed by the parties, as above, the earlier suit disposed of on 16.10.2006 in C.S.No.992 of 2001 is not binding on the plaintiffs, and the defendants are entitled to withdraw the amount, if any filed to the credit of C.S.No.992 of 2001. There shall be no order as to costs in the present Transfer Civil Suit. Consequently, O.A.No.1081 of 2017 is closed. The above said Memo dated 24.11.2025 shall form part of the decree.

24.11.2025 (½)

cs List of witnesses examined on the side of plaintiff:

P.W.1 E.Dorai List of witnesses examined on the side of defendant:

D.W.1 C.H.Balaiah List of exhibits marked on the side of plaintiff:

List of exhibits marked on the side of the defendants:

24.11.2025 (2/2)

cs To The Sub-Registrar, Sub-Registrar Office, Purasawalkam, Perambur Baraccks Road, Chennai-600 007.

P.DHANABAL, J c