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2026 Supreme(Online)(Mad) 49045
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Kumaresh Babu, J
Lalithkumar – Appellant
Versus
P.C.Thanikavel – Respondent
CS No. 225 of 2025 | A.No. 1237 of 2026 | O.A. No. 931 of 2025
For the Appellants/Petitioners: V.Premkumar
For the Respondents: T.V.Lakshmanan
A suit for specific performance may be disposed of in accordance with a voluntary Joint Compromise Memo agreed upon by the parties, with a corresponding refund of court fees.
Headnote:The Plaintiffs initiated a suit for specific performance concerning an agreement for sale dated 07/08/2024. The parties reached a settlement through a Joint Compromise Memo wherein the Defendant agreed to fulfill the contractual obligations upon receipt of the balance sale consideration. The Court took the Compromise Memo on record upon acknowledgment by the parties. The central issue was the enforceability of the agreement for sale and the subsequent resolution of the dispute between the parties. The Court observed that parties entered into a binding compromise and verified the agreement in person, finding that the suit could be disposed of in terms of the settlement. The suit is disposed of in terms of the Joint Compromise Memo, which shall form part of the decree.
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| 1. court approval of a voluntary compromise between parties for specific performance leading to disposal of suit. (Para 1 , 2 , 3 , 4 , 5) |
J U D G M E N T
Suit filed under Order VII Rule 1 of CPC read with Order IV Rule 1 of O.S. Rules, praying for the following judgment and decree:-
a) Granting a relief of specific performance of the agreement for sale dated 07/08/2024 executed by the defendant herein by directing the defendant herein to execute and register the sale deed(s) in favour of the plaintiffs or their nominees and in default the sale deed be executed and registered by an officer of this Court in favour of the plaintiffs or their nominees for the suit ‘B’ Property; and
b) For the costs of this suit
The suit had been instituted by the plaintiffs for specific performance of an agreement of sale, which had been entered between the parties.
2. Today when the matter was taken up for hearing, the learned counsel for the plaintiffs and the sole defendant would submit that the parties had agreed upon to resolve the dispute between them and they had entered into a Joint Compromise Memo, wherein the defendant had agreed to perform their part of contract on payment of the balance sale consideration as agreed on the date of execution of the Sale-deed. The said Joint Compromise Memo is taken on record.
3. The second plaintiff as well as the sole defendant are present before this Court and also acknowledged the Joint Memo of Compromise entered between the plaintiffs and the defendant. Payments would be made in terms of paragraph no.3 of the Joint Compromise Memo.
4. Recording the same, the Suit stands disposed of in terms of the Joint Compromise Memo, which shall form part and parcle of the order. Consequently, connected applications are closed.
5. Since the Suit is disposed of as being settled out of Court, Registry is directed to refund the Court-fee as applicable.
