A.S.No.119 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 06.09.2022
CORAM:
THE HON'BLE MR. JUSTICE M. DURAISWAMY
AND
THE HON'BLE MR. JUSTICE SUNDER MOHAN
A.S.No.119 of 2022
and C.M.P. No.1786 of 2022
R.Sundarraj ... Appellant
v.
R.Amuthavalli ...
Respondent
Appeal filed under Section 96 r/w O.R. 41 of CPC against the
judgment and decree dated 24.09.2021 made in O.S. No.1 of 2019 on
the file of the Principal District Judge, Tiruppur.
For Appellants : Mr. Chozhan
For Respondent : Mr. G.Ethirajulu
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https://www.mhc.tn.gov.in/judis
A.S.No.119 of 2022
JUDGMENT
(Judgment was delivered by M. DURAISWAMY, J.) When the appeal is taken up for hearing, Mr. Chozhan, learned counsel appearing for the appellant and Mr. G.Ethirajulu learned counsel appearing for the respondent submitted that the parties have settled the matter out of court and also entered into a joint memorandum of compromise on 04.09.2022. The learned counsel for the appellant also produced a memorandum of compromise dated 04.09.2022, which has been signed by the appellant, respondent and their respective counsels.
2. The learned counsel on either side submitted that the appeal may be disposed of in terms of joint memorandum of compromise dated 04.09.2022.
3. In view of the submissions made by the learned counsel on either side, the joint memorandum of compromise dated 04.09.2022 is taken on record.
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4. The Appeal is disposed of in terms of the memorandum of compromise dated 04.09.2022 and the terms of the compromise shall form part and parcel of the decree in the above Appeal. In view of the ratio laid down by the Hon'ble Supreme Court in the Judgment reported in 2021(3) SCC 560 [High Court of Judicature at Madras, Represented by its Registrar General Vs. M.C. Subramaniam and others], the appellant is entitled to get refund of the entire court fee paid in the First Appeal. No costs. Consequently, connected miscellaneous petitions are closed.
[M.D., J.] [S.M., J.]
06.09.2022
Index : Yes/No
Internet: Yes
Rj
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https://www.mhc.tn.gov.in/judis A.S.No.119 of 2022 M. DURAISWAMY, J.
and SUNDER MOHAN, J Rj A.S.No.119 of 2022 and C.M.P. No.1786 of 2022 06.09.2022 Page 4/4 https://www.mhc.tn.gov.in/judis