S.Thirumavalavan vs N.Gunasekaran
2021 Latest Caselaw 4228 Mad

Citation : 2021 Latest Caselaw 4228 Mad
Judgement Date : 18 February, 2021

Madras High Court

S.Thirumavalavan vs N.Gunasekaran on 18 February, 2021

                                                                                      S.A.No.1121 of 2019


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED: 18.02.2021

                                                            CORAM:

                              THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                                   S.A.No.1121 of 2019
                                               and C.M.P.No.24345 of 2019

                     S.Thirumavalavan                                            .. Appellant
                                                            /versus/

                     N.Gunasekaran                                               .. Respondent

                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure, prayed set aside the judgment and decree dated 22.04.2019 made
                     in A.S.No.59 of 2016 on the file of the Principal District Judge, Coimbatore,
                     reversing the judgment and decree dated 15.07.2016 made in O.S.No.536 of
                     2004 on the file of the I Additional Subordinate Judge, Coimbatore.


                                     For Appellant      :       Mr.D.Ravichander
                                     For Respondent     :       Mr.R.Bharath Kumar

                                                       JUDGMENT

The learned counsel appearing for both the parties submitted that the

matter has been settled out of Court and they have filed a Joint Compromise

Memo to that effect.

https://www.mhc.tn.gov.in/judis/ 1 of 4 S.A.No.1121 of 2019

2.The Joint Compromise Memo filed by both the parties is extracted

hereunder:

“It is respectfully submitted that the parties to the above Appeal have settled this dispute out of Court. They have settled the matter amicably, thus nothing survives for adjudication in the above Second Appeal and the appellant herein may be permitted to withdraw the above Second Appeal. In Trial Court there is an order of attachment passed in I.A.No.1100 of 2004 in O.S.No.536 of 2004, on the file of the learned I Additional Sub-ordinate Judge, Coimbatore. The same may be raised in view of compromise entered between the parties in the above appeal.

It is therefore prayed that this Court may be pleased to record this Joint Compromise memo filed by the parties to the above appeal and consequentlially permit the appellant herein to withdraw the above appeal.”

3.In view of the above, this Court is inclined to dismiss the appeal, as

the matter has been settled between the parties. Further, they requested that

there is an order of attachment passed in I.A.No.1100 of 2004 and both the

parties are also agreed for raising this attachment. In view of the same, the

attachment order in I.A.No.1100 of 2004 is hereby raised.

https://www.mhc.tn.gov.in/judis/ 2 of 4 S.A.No.1121 of 2019

4.The learned counsel for the petitioner submitted that the amount for

paying Court fee was transferred by the petitioner to the Petitioner counsel's

bank account and the same was paid by the petitioner's counsel. Therefore,

he made a request to refund the Court fee in name of the petitioner's counsel

and he will transfer the same to the petitioner.

5.Therefore, Registry is directed to refund the eligible Court fee in the