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2026 Supreme(Online)(Mad) 20997
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, R. SAKTHIVEL, JJ
I.V.Parasuram – Appellant
Versus
A.Prabumanivelan – Respondent
A.S.Nos.956 & 957 of 2020|C.M.P.Nos.13474 of 2020, 13391, 7675 of 2021 & 16421 of 2025
For the Appellants/Petitioners: Mr.G.K.R.Pandian
For the Respondents: Mr.N.Sridhar for Ms.Suneetha
Settlement out of court leads to dismissal of appeals with directed refunds and possession transfers.
Headnote:The appeals were filed under Order XLI read with Section 96 of the Code of Civil Procedure against the learned V Additional District Court's decree dismissing the suit to set aside a settlement deed and another decree directing the defendants to vacate the premises and pay damages. The court noted that the matter had been settled out of court, and the appellants had vacated the premises, thereby recording the handing over of possession. The agreed amount of Rs.10,00,000/- deposited by the appellants shall be refunded to the respondents for damages. The appeals were dismissed as settled out of court, with no costs.
| Table of Content |
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| 1. summary of the case facts leading to the appeal. (Para 1 , 2) |
| 2. agreement between parties leads to resolution. (Para 3) |
C O M M O N J U D G M E N T
(Judgment was delivered by N. SATHISH KUMAR, J.
Aggrieved over the judgment and decree of the learned V Additional District Court, Coimbatore, in O.S.Nos.479 of 2013, dated 20.12.2019, dismissing the suit filed to set aside the settlement deed dated 24.01.2005 executed in favour of the father A.Velusamy Gounder, the Appeal in
2.Aggrieved over the judgment and decree of the learned V Additional District Court, Coimbatore, in O.S.Nos.78 of 2014, dated 20.12.2019, decreeing the suit directing the defendants therein to vacate and deliver vacant possession of the property and also to pay damages of Rs.12,40,000/- for the pre-suit period from July, 2011 to March, 2014, with interest @ 6% thereafter, and future damages at Rs.40,000/- p.a. from the date of the suit till the date of delivery together with interest at 9% p.a. from the date of the suit till the date of decree and at 6% p.a. subsequent thereof, the Appeal in A.S.No.957 of 2020 has been filed.
3.Today, the appellants and the respondent Power Agent in both the Appeals are present and they are identified by their respective counsel. 4.Learned counsel on either side would submit that the matter has been settled out of Court. It is stated that the appellants in A.S.No.957 of
2020 have vacated the premises and the keys are produced before this Court. The keys are handed over in open Court to the recognised Power Agent of the respondents in A.S.No.957 of 2020, who is identified by the learned counsel for the respondents in A.S.No.957 of 2020. Thus, the handing over of possession is recorded.
5.It is relevant to note that, though this Court, by earlier order dated
27.07.2023 made in C.M.P.No.13474 of 2020 and C.M.P.No.13396 of 2025 in A.S.No.957 of 2020, had stayed the execution of the decree on condition that the petitioners deposit a sum of Rs.25,00,000/-, when the matter was taken up on 25.09.2025, this Court, by order dated 25.09.2025 made in C.M.P.No.16421 of 2025 in A.S.No.957 of 2020, has directed the appellants in A.S.No.957 of 2020 to deposit a sum of Rs.10,00,000/- by way of Demand Draft before the Registry of this Court to the credit of A.S.No.957 of 2020 and on such deposit, the amount was directed to be invested in any interest bearing scheme.
6.Now, it is stated by the learned counsel on either side that it is agreed between the parties that the amount of Rs.10,00,000/- deposited by the appellants in A.S.No.957 of 2020 can be withdrawn by the respondents in A.S.No.957 of 2020 in full quit towards the damages. Accordingly, Registry is directed to refund the amount of Rs.10,00,000/- (Rupees Ten Lakhs only) deposited by the appellants in A.S.No.957 of 2020 to the credit of A.S.No.957 of 2020, to the respondents in A.S.No.957 of 2020 (plaintiffs in O.S.No.78 of 2014), along with accrued interest therein, on making appropriate application, without any further delay.
7.Accordingly, these Appeals are dismissed as settled out of Court. No costs. Consequently, connected miscellaneous petitions are closed. 8.Since the matter is settled out of Court, Registry is directed to refund the Court fee to the appellants, as per Rules.
