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2026:MHC:496

AS No. 928 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-02-2026

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

AND

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

AS No. 928 of 2024

AND

CMP NO. 24572 OF 2024,AS NO. 929 OF 2024,CMP NO. 11138 OF

2025,CMP NO. 11140 OF 2025

K. Jayalakshmi Appellant(s) in both cases

Vs

1. S. Shanthasundari

2.T.Kannan Respondent(s) in both cases

PRAYER in AS No. 928 of 2024: Appeal Suit filed under Section 96 of Code of

Civil Procedure, to set aside the judgement and decree dated 12-02-2024 passed

in OS.No.1651/2021 by the Honble XIX Addl.Judge City Civil Court, Chennai.

PRAYER in AS No. 929 of 2024 : Appeal Suit filed under Section 96 of Code of

Civil Procedure, to set aside the Judgment and Decree dated 12.02.2024 passed

in OS No.4282 of 2022 by the Honble XIX Addl. Judge, City Civil Court,

Chennai and allow the above appeal.

For Appellant(s): Mr.L.Dhamodharan

in both ASs

For Respondent(s): Mr.T.Gowthaman, Senior

in both ASs Counsel

for Mr.R.Chandra Mohan for R1

COMMON JUDGMENT

(Judgment was made by N.Sathish Kumar J.)

The appellant and the respondents are present and they are identified by

their respective counsel. They have produced a memo of compromise, wherein,

it is agreed to settle the matters on the following terms and conditions:

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AS No. 928 of 2024

NOW THIS MEMORANDUM OF COMPROMISE WITNESSETH

AS FOLLOWS:

1. The First Party agrees to return the sum of Rs.35,00,000/-

(Rupees Thirty-Five Lakhs only), being the advance amount earlier

paid by the Second Party to the First Party.

2. The First Party agrees to pay a further sum of Rs.35,00,000/-

(Rupees Thirty-Five Lakhs only) towards the value of the

superstructure put up by the Second Party in the Schedule-

mentioned property.

3. The total amount, therefore, payable by the First Party to the

Second Party shall be a sum of Rs. 70,00,000/- (Rupees Seventy

Lakhs only), which is the full and final settlement arrived at

between all the parties covering all aspects of their dispute without

any reservations or demur.

4.The Second Party hereby agrees to vacate and hand over vacant

and peaceful possession of the Schedule Property to the First Party

within a period of three (3) months from the date of execution of

this MoU (i.e., on or before 02.05.2026).

5. The First Party has paid a total sum of Rs. 35,00,000/- as

follows:

(i) Rs. 20,00,000/- by way of Demand Draft dated 04.02.2026,

bearing No.001930, drawn on HDFC Bank, in favour of the

Second Party;

(ii) Rs. 5,00,000/- by way of Demand Draft dated 04.02.2026,

bearing No.256655, drawn on Indian Bank, in favour of the

Second Party; and

(iii) Rs. 5,00,000/- by way of Demand Draft dated 05.02.2026,

bearing No.512605, drawn on Indian Overseas Bank, in favour of

the Second Party.

(iv) Rs. 5,00,000/- by way of Demand Draft dated 05.02.2026,

bearing No.512606, drawn on Indian Overseas Bank, in favour of

the Second Party.

The First Party shall pay the remaining sum of Rs. 35,00,000/- on

the date on which the Second Party hands over possession of the

Schedule-mentioned property to the First Party.

6. The Second Party agrees that on handing over possession, the

Second Party shall have no right or interest of any nature

whatsoever in the Schedule Property.

7. The Second Party also agrees to withdraw the Appeal pending

before the Hon'ble High Court, Madras recording the present

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AS No. 928 of 2024

MOU and also withdraw the Suit bearing O.S.No.1495 of 2025

pending before the XXII Assistant City Civil Court, Chennai. She

also undertakes not to pursue any further litigation in respect of

the Schedule Property.

8. This MoU is entered into towards full and final settlement of all

claims, disputes and differences between all the Parties concerned

in respect injunction and appeal.

9.Both Parties agree to act in good faith and comply with the terms

of this MOU in letter and spirit. On compliance with the terms of