Full Judgment Text
IN THE SUPREME COURT OF INDIA
2025 INSC 827
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7742 of 2025
ARISING OUT OF SLP (C) NO. 10797 OF 2019
UMEDRAJ JAIN ….APPELLANT(S)
VERSUS
V. SUDARSANAN ….RESPONDENT(S)
O R D E R
1. Leave granted.
2. The present appeal arises out of judgment and order passed
by the Division Bench of the High Court of Judicature at Madras
dismissing the appeal preferred by the appellant against order of
Single Judge directing him to pay Rs. 19,54,946/- (Rupees
Nineteen Lakhs Fifty-Four Thousand Nine Hundred Forty Six
Only) to the respondent. The short facts relevant for our purpose
are as follows.
3. The respondent filed a suit for recovery of money against the
original defendants for a sum of Rs. 79,69,544/- with interest @
9% on the principal amount of Rs. 58,50,000/- loaned by the said
respondent under a mortgage through title deeds. Pending
Signature Not Verified
Digitally signed by
KAPIL TANDON
Date: 2025.07.14
15:54:03 IST
Reason:
disposal of the suit, the appellant purchased the property from the
original defendants. The appellant is said to have filed an
1
application for impleadment and that came to be dismissed and
the said order attained finality. The suit was decreed on
05.10.2010 and the final decree came to be passed against
defendants on 29.08.2011 for a sum of Rs.79,69,544/- with
further interest at the rate of 9% per annum on Rs.58,50,000/-.
4. The appellant’s challenge to the judgment and decree passed
by the trial court have failed all through and the prolonged
litigation has come to a stage where the appellant has ultimately
paid a total amount of Rs.1.15 crore whereby the Master, High
Court has closed the proclamation proceedings by his order dated
12.08.2016.
5. It is at this stage that respondent filed an application before
the Ld. Single Judge, against order dated 12.08.2016 stating that
appellant still owes him Rs.19.24 Lakhs. The Ld. Single Judge vide
order allowed the said application of the respondent, set aside the
order closing the proclamation proceedings and directed the
appellant to make payment of the due amount of Rs. 19,54,946.
On appeal by the appellant, the Division Bench affirmed the said
order of the Ld. Single Judge vide order impugned before us.
6. Though this court issued notice on 07.05.2019 the matter
has prolonged for some reason or the other. When the case was
listed before us, we suggested the parties that they must try and
2
settle the dispute in view of the long-standing litigation involving
heavy expenditure and wastage of valuable time. It is apparent to
us that Mr. V. Prabhakar, learned senior counsel for the
respondent, has tried his best but the matter has remained
inconclusive.
7. Having considered the matter in detail and in the facts and
circumstance of the case, we are of the opinion that interest of
justice will be sub-served if we direct the appellant to pay to the
respondent a sum of Rs. 15 Lakhs as full and final settlement of
all dues and in complete satisfaction of the final decree. The order
is confined to the facts of the present case and shall not be treated
as a precedent.
8. In view of the above, and in modification of the order passed
by the High Court, we allow the appeal in part and direct the
appellant to pay to the respondent the amount of Rs. 15 Lakhs
within a period of two months from today as full and final
settlement of all dues.
…………………………J.
[PAMIDIGHANTAM SRI NARASIMHA]
…………………………..J.
[JOYMALYA BAGCHI]
NEW DELHI
JULY 14, 2025
3
2025 INSC 827
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7742 of 2025
ARISING OUT OF SLP (C) NO. 10797 OF 2019
UMEDRAJ JAIN ….APPELLANT(S)
VERSUS
V. SUDARSANAN ….RESPONDENT(S)
O R D E R
1. Leave granted.
2. The present appeal arises out of judgment and order passed
by the Division Bench of the High Court of Judicature at Madras
dismissing the appeal preferred by the appellant against order of
Single Judge directing him to pay Rs. 19,54,946/- (Rupees
Nineteen Lakhs Fifty-Four Thousand Nine Hundred Forty Six
Only) to the respondent. The short facts relevant for our purpose
are as follows.
3. The respondent filed a suit for recovery of money against the
original defendants for a sum of Rs. 79,69,544/- with interest @
9% on the principal amount of Rs. 58,50,000/- loaned by the said
respondent under a mortgage through title deeds. Pending
Signature Not Verified
Digitally signed by
KAPIL TANDON
Date: 2025.07.14
15:54:03 IST
Reason:
disposal of the suit, the appellant purchased the property from the
original defendants. The appellant is said to have filed an
1
application for impleadment and that came to be dismissed and
the said order attained finality. The suit was decreed on
05.10.2010 and the final decree came to be passed against
defendants on 29.08.2011 for a sum of Rs.79,69,544/- with
further interest at the rate of 9% per annum on Rs.58,50,000/-.
4. The appellant’s challenge to the judgment and decree passed
by the trial court have failed all through and the prolonged
litigation has come to a stage where the appellant has ultimately
paid a total amount of Rs.1.15 crore whereby the Master, High
Court has closed the proclamation proceedings by his order dated
12.08.2016.
5. It is at this stage that respondent filed an application before
the Ld. Single Judge, against order dated 12.08.2016 stating that
appellant still owes him Rs.19.24 Lakhs. The Ld. Single Judge vide
order allowed the said application of the respondent, set aside the
order closing the proclamation proceedings and directed the
appellant to make payment of the due amount of Rs. 19,54,946.
On appeal by the appellant, the Division Bench affirmed the said
order of the Ld. Single Judge vide order impugned before us.
6. Though this court issued notice on 07.05.2019 the matter
has prolonged for some reason or the other. When the case was
listed before us, we suggested the parties that they must try and
2
settle the dispute in view of the long-standing litigation involving
heavy expenditure and wastage of valuable time. It is apparent to
us that Mr. V. Prabhakar, learned senior counsel for the
respondent, has tried his best but the matter has remained
inconclusive.
7. Having considered the matter in detail and in the facts and
circumstance of the case, we are of the opinion that interest of
justice will be sub-served if we direct the appellant to pay to the
respondent a sum of Rs. 15 Lakhs as full and final settlement of
all dues and in complete satisfaction of the final decree. The order
is confined to the facts of the present case and shall not be treated
as a precedent.
8. In view of the above, and in modification of the order passed
by the High Court, we allow the appeal in part and direct the
appellant to pay to the respondent the amount of Rs. 15 Lakhs
within a period of two months from today as full and final
settlement of all dues.
…………………………J.
[PAMIDIGHANTAM SRI NARASIMHA]
…………………………..J.
[JOYMALYA BAGCHI]
NEW DELHI
JULY 14, 2025
3