DAVID RAJ vs CHELLA

Court
Madras High Court

CRP(MD) No. 2085 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26-10-2026
CORAM
THE HON'BLE MS.JUSTICE R. POORNIMA
CRP(MD) No. 2085 of 2023
CNR:{HCMD010904802023}
AND
CMP(MD) NO. 10428 OF 2023
David Raj
..Petitioner(s)
Vs
Chella
..Respondent(s)
PRAYER: J-36. Civil Revision Petition filed under Article 227 of
Constitution of India, to call for the records relating to the impugned Fair
and Decreetal Order dated 13.02.2023 passed in IA No.5 of 2022 in OS
No.114 of 2019 on the file of the Subordinate Court, Sivakasi and to set
aside the same by allowing this Civil Revision Petition.
For Petitioner(s): Mrs.S.Mahalakshmi
For Respondent(s): M/s.Subiksha
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CRP(MD) No. 2085 of 2023
Order
This civil revision petition is filed against the order dated
13.02.2023 passed in IA.No.5 of 2022 in OS.No.114 of 2019 on the file
of the Subordinate Court, Sivakasi.
2. Pending civil revision petition, the matter was referred to
the Mediation and Conciliation Centre with the consent of the parties. It
is informed that both the parties have entered into a settlement and
resolving the issues amicably among themselves before the Mediation
and Conciliation centre attached to this Bench on 15.10.2026. The terms
of Settlement Agreement has been reduced into writing and both the
parties as well as their respective counsel signed the Settlement
Agreement.
3. Before the Mediation and Conciliation Centre, the parties
have arrived at settlement, dated 15.10.2026 which are as follows:-
“1.Disputes and differences had arisen between the
Parties hereto and C.R.P.(MD).No.2085 of 2023 was filed on
07.08.2023 before the Honourable Madurai Bench of Madras
High Court at Madurai.
2. The matter was referred to mediation / conciliation
vide an order dated 28.09.2026 passed by The Honourable
Mrs. Justice. R.POORNIMA.
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CRP(MD) No. 2085 of 2023
3. The parties agreed that Mr. M.Ashokkumar would
act as their Mediator / Conciliator.
4. Several meetings were held during the process of
Mediation/Conciliation from 30.09.2026 to 15.10.2026 and the
parties have with the assistance of the Mediator / Conciliator
voluntarily arrived at an amicable solution resolving the above
mentioned disputes and differences.
5. The parties hereto confirm and declare that they
have voluntarily and of their own free will arrived at this
Settlement Agreement in the presence of the Mediatory /
Conciliator.
6. The following settlement has been arrived at
between the parties hereto:
i. The Petitioner/First Party, Davidraj, and the
Respondent/Second Party, Chella, have amicably settled
all their disputes arising out of the sale transaction
between them. The settlement has been arrived at
voluntarily, without any coercion or undue influence, with
a view to bringing all disputes between the parties to an
end.
ii. The parties state that the disputes arose out of the
sale transaction between them, involving the alleged non-
payment of the balance sale consideration and dishonour
of cheques issued by the First Party. In S.T.C. No.4062 of
2010, the learned Judicial Magistrate, Sivakasi, by
judgment dated 28.08.2015, convicted the First Party
under Section 138 of the Negotiable Instruments Act and
sentenced him to undergo simple imprisonment for one
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CRP(MD) No. 2085 of 2023
year and to pay compensation of Rs. 10,00,000/-, with a
default sentence of simple imprisonment for six months.
The said conviction was confirmed by the learned
Additional District and Sessions Judge, Srivilliputtur, in
C.A. No.86 of 2015, by judgment dated 26.11.2025.
Further, in connection with the same transaction, Crime
No.552 of 2015 was registered by the Thiruthangal Police
Station for the alleged offence of cheating under Section
420 of the Indian Penal Code, culminating in C.C. No.738
of 2017 and the connected appeal in C.A. No.2 of 2025. In
order to resolve the disputes arising out of the said
transaction, the First Party has deposited a total sum of
Rs.9,86,250/- before the respective Courts and has agreed
to pay a further sum of Rs.65,000/- by Demand Draft,
thereby bringing the total settlement amount to
Rs.10,51,250/-, Both parties have agreed to settle their
disputes on the terms of this Compromise Memorandum,
subject to the orders of the competent Courts and in
accordance with law.
iii.The parties acknowledge that the following
proceedings arise out of the said transaction:
a. C.R.P.(MD). No.2085 of 2023 pending before this
Honourable High Court, arising out of order dated in
13.02.2023 passed in 1.A. No.5 of 2022 in O.S. No.114 of
2019 on the file of the Sub Court, Sivakası, Virudhunagar
District,
b. Crl.R.C.(MD), No.1555 of 2025 pending before
this Honourable High Court, arising out of order dated
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CRP(MD) No. 2085 of 2023
26.11.2025 passed C.A. No.86 of 2015, on the file of the
Additional District and Sessions Judge, Srivilliputtur,
Virudhunagar District, which arose out of order dated
28.08.2015 passed in S.T.C. No.4062 of 2010 on the file
of the Judicial Magistrate Court, Sivakasi, Virudhunagar
District, and
C. C.A. No.2 of 2025 pending before the Principal
District and Sessions Judge, Srivilliputtur, Virudhungar
District, arising out of order dated 25 11 2024 CC.
No.738 of 2017 on the file of the Learned Judicial
Magistrate No.II, Sivakasi, Virudhunagar District in
connection with Crime No.552 of 2015 dated 09.09.2015
registered by the Thiruththangal Police Station,
Virudhunagar District
iv. The First Party, Davidraj, has deposited a sum of
Rs.7,36,250/- in CA. No.86 of 2015 before the learned
Additional District and Sessions Judge, Srivilliputtur,
vide Challan Nos 20221202007273 dated 12.12.2022 for
Rs.5,00,000/- and 20230302036667 dated 02.03.2023 for
Rs 2,36,250/- He has also deposited Rs.2,50,000/- before
the learned Judicial Magistrate No.I, Sivakasi, vide
Receipt No.241516 dated 07.01.2026. Thus, a total sum of
Rs.9,86,250/- has already been deposited by the First
Party.
v. The First Party further agrees to pay a sum of
Rs.65,000/- (Rupees Sixty-Five Thousand only) to the
Second party by way of Demand Draft at the time of
recording the settlement. Accordingly, the total settlement
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CRP(MD) No. 2085 of 2023
amount shall be Rs.10,51,250/- (Rupees Ten Lakhs Fifty-
One Thousand Two Hundred and Fifty only), inclusive of
the amounts already deposited and any interest accrued
thereon.
vi. The Second Party, Chella, acknowledges the
amount deposited by the First Party and agrees to accept
the same, together with the balance settlement amount of
Rs.65,000/- payable by way of Demand Draft, towards
full and final settlement of all monetary claims arising out
of the disputed transaction.
vii. The First Party, Davidraj, has no objection to
the Second Party withdrawing the amounts already
deposited before the respective Courts, together with any
interest accrued thereon, subject to the orders of the
competent Courts. Upon receipt of the entire settlement
amount, the Second Party shall have no further monetary
claims against the First Party in respect of the said
transaction
viii. The second party/respondent agrees to
withdraw the amounts deposited before the respective
Courts, together with any interest accrued thereon.
Thereafter the Second Party/Respondent, Chella, agrees
to pay the mortgage loan amount borrowed by the First
Party/Petitioner, as claimed by the Branch Manager of
The Katholic Siriyan Bank, Thrissur, in E.P. No.26 of
2023, and to take necessary steps to close the said
Execution Petition by paying any additional amount
payable by her, which is presently pending adjudication
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CRP(MD) No. 2085 of 2023
in E.P. No.26 of 2023 on the file of the learned
Subordinate Judge, Sivakasi. The First Party/Petitioner,
Davidraj, shall extend his full cooperation for redeeming
the said mortgage and coordinating with the concerned
bank for the release and handover of the original title
deeds to the Second Party/Respondent. Simultaneously,
during the proceedings for closure of the aforesaid E.P.
No.26 of 2023, if the presence of the Second Party,
Chella, is required before the competent Court in C.A.
No.2 of 2025, she undertakes to appear before the Court,
sign and cooperate in filing the necessary petition under
Section 320 of the Code of Criminal Procedure, 1973, for
compounding the compoundable offence involved in the
said case, and extend her cooperation for obtaining
appropriate orders in accordance with law.
ix. In view of the compromise arrived at between the
parties, the Second Party, Chella, has agreed to settle the
dispute in O.S. No.114 of 2019 by accepting the total
settlement amount of Rs.10,51,250/-. She has no objection
to placing this Compromise Memorandum along with the
Mediation Report before the competent court in O.S.
No.114 of 2019 and agrees not to pursue the proceedings
further in terms of this settlement. Accordingly, the
parties jointly pray that C.R.P.(MD). No.2085 of 2023
may be disposed of in terms of this Compromise
Memorandum and appropriate orders may be passed.
Both parties undertake to abide by the terms of the
settlement and cooperate in giving effect to the same.
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CRP(MD) No. 2085 of 2023
x. The Second Party, Chella, has no objection to
placing this Compromise Memorandum along with the
Mediation Report before the competent Court in CA.No 2
of 2025 and jointly requests that the settlement be taken
on record and appropriate orders be passed in
accordance with law. The parties further agree to take
necessary steps in Crl.R.C.(MD). No.1555 of 2025 in
terms of this settlement, subject to the orders of the
competent court.
xi. Both parties undertake to comply with the terms
of this settlement in good faith and agree not to initiate or
pursue any further claims against each other arising out
of the settled transaction, except for enforcing the terms
of this settlement or as otherwise permitted by law.
xii. Both parties declare that they have voluntarily
entered into this settlement after fully understanding its
terms and consequences, and jointly request the
competent Courts to record this Compromise
Memorandum along with Mediation Report and pass
appropriate orders in accordance with law.
7. By signing this Agreement the parties hereto state
that they have no further claims or demands against each other
with respect to C.R.P.(MD).No. 2085 of 2023 and all disputes
and differences in this regard have been amicable settled by
the Parties hereto through the process of Conciliation /
Mediation.
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CRP(MD) No. 2085 of 2023
4. Accordingly, the Civil Revision Petition is disposed of in
terms of the Mediation Report (Settlement Agreement dated 15.10.2026)
entered between the petitioner and the respondent herein. The Mediation
Report/Settlement Agreement dated 15.10.2026 shall form part and
parcel of the decree. No costs. Consequently, connected miscellaneous
petition is closed.
26-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Note : Issue order copy on 26.10.2026
RM
Copy to
The Subordinate Court,
Sivakasi.
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CRP(MD) No. 2085 of 2023
R.POORNIMA J.
RM
CRP(MD) No. 2085 of 2023
AND
CMP(MD) NO. 10428 OF 2023
26-10-2026
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