Madras High Court
Athimoolam vs S.Ravikumar on 8 August, 2025
Author: N.Sathish Kumar
Bench: N. Sathish Kumar
CRP No. 2432 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-08-2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR
CRP No. 2432 of 2024
AND
CMP NO. 12737 OF 2024
1. Athimoolam
Petitioner(s)
Vs
1. S.Ravikumar
2.Muniyammal
3.R.Nanthagopal
4.P.Elumalai
5.P.Purshothaman
6.P.Sekar
7.P.Dhanush
8.N.Deenathayalan
9.Devan
1 of 9
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CRP No. 2432 of 2024
10.Elumalai
11.Amirthammal
Respondent(s)
PRAYER: Civil Revision Petition filed under Section 115 of CPC to set aside
the order passed by the District Munsiff Vandavasi on 22.04.2024 in EA No.
02/2023 in EA No. 15 of 2012 in EP No. 12 of 1996 in OS No. 102 of 1984.
For Petitioner(s): Mr. K.Selvakumar
For Respondent(s): Mr. S.Rajendran Caveator
For R1
ORDER
This Civil Revision Petition has been filed challenging the order passed by the Executing Court dismissing the application filed by the petitioner under Section 47 and Order XXI Rule 90 of CPC in E.A.No.2 of 2023.
2. The revision has been filed questioning the sale executed in favour of the first respondent, who is the auction purchaser. During the pendency of the Civil Revision Petition, both the parties have filed a joint compromise memo, dated 08.08.2025 which reads as follows:
“ 1. The party of the 1st part (petitioner) has filed CRP No.2432 2 of 9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 01:24:44 pm ) CRP No. 2432 of 2024 of 2024 before the Hon'ble High Court of Madras challenging the order of dismissal passed by the Hon'ble District Munsiff Court, Vandavasi in E.A.No.2 of 2023 in E.A.No.15 of 2012 in E.P.No.12 of 1996 in O.S.No.102 of 1984 on 22.04.2024. The CRP was filed against 12 respondents. The party of the 2nd part (1st respondent) is the only contesting respondent in the above matter and the only aggrieved party.
2. The parties of the 1st and 2nd part along with their respective counsel had held mutual discussions to bring about an amicable solution and it has been agreed by both the parties to resolve the issue between them on the terms agreed between them.
3. The Executing Court had executed a sale deed in favour of the auction purchaser-the party of the 2nd part herein (1st respondent in the CRP) registered as Document No.10 of 2011(Book-1) on the file of the SRO, Kilkodungalur, Vandavasi Taluk, Tiruvannamalai District on 06.07.2011 with respect to the property comprised in survey no.1054/1A measuring an extent of 1.33 acres(sub divided as survey no.1054/1A1 and 1054/1A2) and an extent of 1.69 acres in survey no.1055/4C in Maruthadu Village, Vandavasi Taluk, Tiruvanamalai District.
4. Pursuant to the compromise talks between the parties of
3 of 9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 01:24:44 pm ) CRP No. 2432 of 2024 the 1st part and 2nd part, it has been decided to resolve the dispute between them under the following terms:
i) the party of the 2 nd part has agreed to execute a sale deed with respect to the extent of 1.69 acres in Survey No.1055/4C of Maruthadu Village, Vandavasi taluk, Tiruvannamalai District( which is a portion of the property in the sale deed dated 06.07.2011 bearing document no.10 of 2011(Book-1) on the file of the SRO Kilkodungalur, Vandavasi Taluk, Tiruvannamalai District), in favour of the party of the 1st part. The party of the 1st part shall become the absolute owner of the said 1.69 acres and the party of the 2nd part has no objection for the mutation of name in the Revenue records in the name of the party of the 1st part.
ii) The party of the 1st and 2nd part both agreed to bear the necessary charges and expenses for registration of the sale deed in favour of the party of the 1st part for the extent of 1.69 acres of which Rs.30,000/- has to bear the registration expenses by the 2nd part., balance by the 1st part.
Iii) The party of the 2nd part would be 4 of 9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 01:24:44 pm ) CRP No. 2432 of 2024 retaining the remaining extent of 1.33 acres in Survey No.1054/1A (RS.No.1054/1A1 and 1054/1A2) in Maruthadu Village Vandavasi Taluk, Tiruvannamalai District, based on the Sale deed registered as document no.10/2011 executed by the District Munsif Court at Vandavasai.
iv) The party of the 1st part has 'No objection' in the party of the 2nd part owning and enjoying 1.33 acres in Survey No.1054/1A(R.S.No.1054/1A1 and 1054/1A2) in Maruthadu Village, Vandavasi Taluk, Tiruvannamalai District, and that the party of the 1st part should not give any hindrance and disturbances to the party of the 2nd part in taking possession and enjoyment of the same and for mutation of revenue records in respect of the property covered under survey No.1054/1A(R.S.No.1054/1A1 and 1054/1A2).
5. This Joint memo of compromise has been brought out on the own volition of both the parties and there has been no coercion, undue influence or fraud exerted on both the parties and the both parties has to complete the execution of sale deed and mutation of revenue records for their respective portions as 5 of 9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 01:24:44 pm ) CRP No. 2432 of 2024 per the joint memo of compromise within 45 days from the date of entering into this joint memo of compromise and record the same before this Hon'ble Court to close the CRP.
In witness whereof both the parties have signed this memo of compromise on this the 8th day of August 2025 at Chennai in the presence of their counsel. “
3.Both the parties are present before this court along with their learned counsel and their identities have been verified.
4. The said Joint compromise memo filed by the petitioner and the first respondent is recorded.
5. It is admitted between the parties that, out of the total extent purchased by the auction purchaser, an extent 1.33 acres in survey no.1054/1A, (now sub divided as 1054/IAI &1054/ IA2) shall be retained by the auction purchaser. The remaining extent of 1.69 acres in survey No.1055/4C shall be transferred to the revision petitioner. The sale deed shall be executed within a period of 45 days.
6 of 9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 01:24:44 pm ) CRP No. 2432 of 2024
6. Accordingly, the first respondent is directed to execute the sale deed in respect of 1.69 acres in favour of the revision petitioner within a period of 45 days. Insofar as 1.33 acres in survey no.1054/IA (subdivided as1054/IA1 and 1054/IA2) is concerned, the same is hereby confirmed in favour of the auction purchaser. Possession of the said 1.33 acres shall be handed over to the auction purchaser immediately. The revision petitioner shall not cause any disturbance in this regard.
7.The Civil Revision Petition is disposed of in terms of the Joint Compromise Memo. No costs. The said Joint Compromise memo shall form part of this order. Consequently, connected miscellaneous petition is closed.
08-08-2025 Index:Yes/No Internet:Yes Neutral Citation:Yes/No MRP To The District Munsiff Court, Vandavasi. 7 of 9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 01:24:44 pm ) CRP No. 2432 of 2024 8 of 9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 01:24:44 pm ) CRP No. 2432 of 2024 N.SATHISH KUMAR J.
mrp CRP No. 2432 of 2024 and 08-08-2025 9 of 9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 01:24:44 pm )