Madras High Court
R.Senthil Ponniah vs Raja on 23 February, 2021
A.S.(MD).No.156 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
A.S.(MD).No.156 of 2015
and
M.P.(MD).No.1 of 2015
1.R.Senthil Ponniah
2.Vasuki : Appellants
Vs.
Raja : Respondent
Prayer : Appeal is filed under Section 96 of the Code of Civil Procedure
praying to set aside the decree and judgment dated 30.10.2014 made in
O.S.No.53 of 2013, on the file of the First Additional District Judge,
Thoothukudi.
For Appellants : Mr.P.Thiagarajan
For Respondent : Mr.S.Kadarkarai
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A.S.(MD).No.156 of 2015
JUDGMENT
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Today, the appellants and the respondent are present before this
Court and they were identified by their respective counsels on record.
The appellants have entered into a compromise with the respondent and
both of the parties have filed a 'Joint Compromise Memo', dated
23.02.2021, which has been duly signed by the appellants and the
respondent and also by their respective counsels. A copy of the same
has been placed before this Court.
2. In the joint Compromise Memo, it has been stated that the
respondent / plaintiff, who is successful before the trial Court, has come
to receive a sum of Rs.17,00,000/- (Rupees Seventeen Thousand only) in
full quit.
3. Today, the learned counsel appearing for the appellants has
given a Demand Draft for a sum of Rs.10,00,000/- (Rupees Ten Lakhs
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A.S.(MD).No.156 of 2015
only) bearing No.841228 drawn in the State Bank of India, dated
20.02.2021 and also given another Demand Draft for the remaining sum
of Rs.7,000,00/- (Rupees Seven Lakhs only) bearing No.046613, drawn
in IDIB Bank, dated 19.02.2021. Both the parties are also confirmed the
settlement before this Court.
4. In view of the same, the appeal stands disposed of and the
judgment and decree dated 30.10.2014 made in O.S.No.53 of 2013, on
the file of the First Additional District Judge, Thoothukudi. is set aside
and the Joint Compromise Memo filed by the parties shall form part and
parcel of the judgment and decree of this Court.
5. As the matter has been settled between the parties amicably,
the Registry is directed to refund the Court fee as per law.
6. It is also stated by the learned counsel for the respondent
that pursuant to the judgment and decree of the trial Court, the
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A.S.(MD).No.156 of 2015
respondent / plaintiff has already deposited a sum of Rs.1,00,000/- before
the trial Court. In view of the settlement arrived at between the parties,
the respondent / plaintiff is permitted to withdraw the entire amount from
the trial Court. No costs. Consequently, the connected miscellaneous
petition is closed.
23.02.2021
Index : Yes/No
Internet : Yes/No
tsg
To
1.The First Additional District Judge, Thoothukudi..
2.The Record Keeper,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
http://www.judis.nic.in
A.S.(MD).No.156 of 2015
N.SATHISH KUMAR, J
tsg
Judgment made in
A.S.(MD).No.156 of 2015
Dated: 23.02.2021
http://www.judis.nic.in
