Case Note & Summary
The matter involved four writ appeals filed under Clause 15 of the Letters Patent before the Madras High Court, challenging a common order dated 09.03.2023 passed in W.P. Nos. 19260, 19259, 20612, 20613 of 2018. The appellants, V. Murali Mohan and R. Indira, were in dispute with the Tamil Nadu Housing Board over the amount to be paid for the execution of sale deeds. The nature of the litigation was that the appellants had sought to set aside the earlier common order and obtain sale deeds from the Housing Board upon settlement of the demanded amount. The reason for filing the appeals was the unresolved issue of the quantum of payment to the Board. On 27.02.2025, when the appeals were taken up for hearing, the respective learned counsels for the appellants and the respondents submitted that the amount to be settled by the appellants had been communicated to them and the appellants had agreed to pay as per the working sheet provided by the Housing Board. This consensus enabled the Housing Board to execute the sale deeds in their favour. The appellants argued that they were ready to deposit the amount as per the working sheet, while the Housing Board agreed to execute the sale deeds upon receipt of such payment. No substantial legal issues were framed or argued; the court simply recorded the consensus arrived at between the parties. The court analysed that in view of the agreement between the parties, it was appropriate to dispose of the writ appeals with directions. Accordingly, the court directed the appellants to deposit the amount demanded by the Housing Board as per the working sheet, and upon receipt of the amount, the Housing Board was to execute the sale deeds following the due procedures. The appeals were disposed of with no order as to costs. The decision was mutually beneficial, reflecting a settlement without adversarial adjudication.
Headnote
A) Civil Procedure - Consent Order - Settlement of Dispute - Letters Patent (Madras), 1865, Clause 15 - The writ appeals were filed challenging a common order in writ petitions related to payment of dues to the Tamil Nadu Housing Board for execution of sale deeds. During hearing, the parties arrived at a consensus that the appellants would deposit the amount as per the working sheet provided by the Housing Board, and the Housing Board would execute the sale deeds on receipt. Held that the writ appeals are disposed of by recording the consensus, with directions to the appellants to deposit the amount and to the Housing Board to execute the sale deeds following due procedures; no costs. (Paras 1-2).
Issue of Consideration
Whether the writ appeals can be disposed of on the basis of consensus arrived at between the parties regarding payment of dues and execution of sale deeds.
Final Decision
Writ appeals disposed of. Appellants shall deposit the amount demanded by Tamil Nadu Housing Board as per working sheet. On receipt, Tamil Nadu Housing Board shall execute sale deeds following due procedures. No costs.
Law Points
- consent order
- settlement
- execution of sale deed
- Letters Patent appeal
