Authority: Supreme Court of India (Civil Appellate Jurisdiction)
Order Date: 05 August 2026
Case Overview
- Parties: Appellants – Anil and Sunil Traders (and others); Respondents – T.L. Prasad (and others).
- Background: Respondents filed a suit seeking a mandatory injunction, delivery of documents and a direction against alienating the property. The Trial Court, by order dated 01.11.2002, decreed the suit and directed that if the plaintiff paid the cost of construction, the defendant would hand over possession of the flat. The decree was based on a sale deed executed by the respondents for a 215/8000 undivided share of land comprising 10 grounds and 2,237 sq. ft. (705.12 sq. ft.).
- High Court Proceedings: The regular first appeal was partially allowed by the Madras High Court in A.S. No. 1033 of 2003 dated 09.07.2010, remanding the case to the trial court to ascertain the cost of construction prevailing in Chennai in 1994. The High Court order also deleted a clause directing the plaintiff to deposit Rs.8,57,884 with interest.
- Current Appeal: The present civil appeal (No. 7470 of 2011) challenged the High Court order. Senior counsel for the appellant was Mr. Raju Ramachandran; for the respondents, Mr. B. Adinarayana.
Final Outcome
- The Supreme Court set aside the High Court order dated 09.07.2010.
- The appellant(s) shall pay the respondent(s) Rs 2,50,00,000 (Rupees Two Crore Fifty Lakhs only) as consideration for purchasing the undivided share in the suit property covered under the sale deed dated 06.05.1992.
- The payment must be made within three months from the date of this order.
- Upon receipt of the amount, the respondent(s) shall execute the sale deed within fifteen days.
- The amount paid shall be treated as full and final settlement of all claims between the parties.
- If the appellant(s) fails to make the payment within the stipulated period, the appeal will stand dismissed without further reference, and the respondent(s) will be entitled to seek execution of the judgment and order passed by the High Court.
Topics: Civil Litigation, Property Dispute