Madras High Court
Amirtha Gowri vs Pappathi @ Selvarani on 27 April, 2021
S.A.(MD)No.811 of 2013
THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
S.A.(MD)No.811 of 2013
1.Amirtha Gowri
2.Rajakumari ... Appellants
-Vs-
Pappathi @ Selvarani ...Respondent
PRAYER: Second Appeal is filed under Section 100 of the Civil Procedure
Code, against the Judgment and Decree dated 15.10.2012 passed in the
appeal in A.S.No.21 of 2012 on the file of the Subordinate Judge,
Virudhunagar partially reversing and partially confirming the Judgment and
decree dated 08.11.2011 passed in the suit in O.S.No.32 of 2007 on the file
of the District Munsif Court, Virudhunagar.
For Appellants : Mr.J.Barathan
For Respondent : Mr.S.Parthasarathy
JUDGMENT
Heard the learned counsel on either side.
https://www.mhc.tn.gov.in/judis/
S.A.(MD)No.811 of 2013
2.The defendants in O.S.No.32 of 2007 on the file of the District
Munsif Court, Virudhunagar, are the appellants in this second appeal. The
respondent Pappathi @ Selvarani filed the said suit seeking to recover the
suit claim from the appellants. The suit was decreed vide Judgment and
decree dated 08.11.2011. Questioning the same, the defendants filed
A.S.No.21 of 2012 before the Sub Court, Virudhunagar. Vide Judgment
and decree dated 15.10.2012, the appeal was dismissed. Challenging the
same, the second appeal came to be filed.
3.When the matter was taken up for final hearing, I suggested to the
counsel on either side to explore the possibility of settlement. The matter
was adjourned to enable the counsel to report after obtaining instructions
from the respective parties. I am happy to record that the counsel on either
side have been able to persuade their respective clients to arrive at an
understanding. The counsel jointly point out that the second appeal can be
disposed of by recording the undertaking of the appellants to pay a sum of
Rs.35,000/- to the plaintiff towards full and final settlement of the suit
claim. The appellants state that the first installment of Rs.20,000/- will be
paid within a period of 45 days from today. The remaining amount of
Rs.15,000/- will be paid to the plaintiff within a period of 45 days
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S.A.(MD)No.811 of 2013
thereafter. In other words, the entire amount of Rs.35,000/- will be paid
within a period of 90 days from today. The appellants will undertake to
hand over the demand draft in person by going to the house of the plaintiff.
The plaintiff through her counsel informs the Court that she would
appropriately receive the appellants herein. The impugned Judgment and
decree are modified in terms of the aforesaid settlement arrived at between
the parties. The appellants are said to have deposited a certain sum of
money by way of complying with the condition imposed by this Court while
granting interim order. The appellants are permitted to withdraw the same
without notice to the respondent herein. In case of breach of undertaking
by the appellants, the counsel for the respondent is at liberty to make a
mention before this Court. The second appeal is disposed of accordingly.
No costs.
27.04.2021
Internet : Yes/No
Index : Yes/No
rmi
To
1.The District Munsif Court, Virudhunagar.
2.The Subordinate Judge, Virudhunagar.
3.The Record Keeper,
V.R.Section,
https://www.mhc.tn.gov.in/judis/
S.A.(MD)No.811 of 2013
Madurai Bench of Madras High Court,
Madurai.
G.R.SWAMINATHAN, J.
rmi
Judgment made in
S.A.(MD)No.811 of 2013
27.04.2021
https://www.mhc.tn.gov.in/judis/
