Shanmugam Pillai vs Sivagurusamy
2021 Latest Caselaw 11251 Mad

                                                                                 S.A.(MD)No.374 of 2014


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 30.04.2021

                                                         CORAM

                             THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                                   S.A.(MD)No.374 of 2014
                                                           and
                                                    M.P.(MD)No.1 of 2014
                Shanmugam Pillai                                            ... Appellant

                                                            Vs.

                Sivagurusamy                                                ... Respondent

                Prayer : Second Appeal filed under Section 100 of Civil Procedure Code,
                against the judgment and decree dated 14.02.2012 made in A.S.No.87 of 2007
                on the file of the Sub Court, Srivilliputhur, confirming the judgment and decree
                dated 06.12.2006 made in O.S.No.532 of 2005 on the file of the Principal
                District Munsif Court, Srivilliputhur.

                                   For Appellant      : Mr.A.Sivaji

                                   For Respondent : Mr.Ashokumar


                                                       JUDGEMENT

The defendant in O.S.No.532 of 2005 on the file of the Principal District

Munsif Court, Srivilliputhur, is the appellant in this second appeal.

https://www.mhc.tn.gov.in/judis/

S.A.(MD)No.374 of 2014

2.The suit filed by the respondent was decreed. A.S.No.87 of 2007 filed

by the appellant before the Sub Court, Srivilliputhur was dismissed.

Challenging the same, this second appeal came to be filed. When the second

appeal was taken up for disposal, the learned counsel appearing for the

appellant informed the Court that the dispute between the parties has been

amicably settled through private mediation. The appellant as well as the

respondent appeared before this Court two days ago through video

conferencing. Mr.A.Sivaji, learned counsel for the appellant identified both the

parties. The compromise agreement signed by the parties has also been filed

before this Court. Therefore, the second appeal is disposed of as settled. The

compromise agreement dated 19.04.2021 will form part of the decree. Since

the matter has been amicably settled through private mediation efforts, Registry

is directed to return Court fee to the appellant. This direction for return of

Court fee is issued in terms of the order dated 17.02.2021 passed by the

Hon'ble Supreme Court in the the case of the High Court of Judicature at

Madras, Rep. by its Registrar General Vs. M.C. Subramaniam and Others. No

costs. Consequently, connected miscellaneous petition is closed.

                                                                           30.04.2021
                Index              : Yes / No
                Internet           : Yes/ No
                ias

https://www.mhc.tn.gov.in/judis/

S.A.(MD)No.374 of 2014

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Sub Court, Srivilliputhur.

2.The Principal District Munsif Court, Srivilliputhur.

3.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis/

S.A.(MD)No.374 of 2014

G.R.SWAMINATHAN, J.

ias

S.A.(MD)No.374 of 2014

30.04.2021

https://www.mhc.tn.gov.in/judis/