Thirugnana Sundari vs A.Manoharan
2021 Latest Caselaw 14569 Mad

                                                                                 A.S.(MD)No.367 of 2005


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 20.07.2021

                                                        CORAM

                             THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                               A.S.(MD)No.367 of 2005
                                                        and
                                              C.M.P.(MD)No.8736 of 2005
                Thirugnana Sundari                                          ... Appellant
                                                           Vs.

                A.Manoharan                                                 ... Respondent


                Prayer : Appeal Suit filed under Section 96 of Civil Procedure Code, against
                the judgment and decree dated 24.11.2004 made in O.S.No.184 of 2004 on the
                file of the learned First Additional District Judge, (P.C.R. Court), Tiruchirapalli.


                                   For Appellant     : Mr.N.Krishnaveni, Senior Counsel,
                                                          For Mr.P.Thiyagarajan
                                   For Respondent : Mr.K.S.Sankar Murali

                                                     JUDGEMENT

The plaintiff in O.S.No.184 of 2004 on the file of the I Additional

District Court (PCR Court), Tiruchirapalli is the appellant in this appeal suit.

The plaintiff filed the said suit seeking the relief of specific performance based

on the sale agreement dated 23.07.2001. By the impugned judgment and https://www.mhc.tn.gov.in/judis/

A.S.(MD)No.367 of 2005

decree dated 24.11.2004, while denying the relief of specific performance, the

Court below directed the respondent to return the advance amount of

Rs.1,05,000/- with interest. Questioning the same, this appeal suit came to be

filed.

2.When the matter was taken up for final disposal, the learned counsel on

either side informed the Court that there is a possibility of settlement between

the parties. To enable the parties to resolve the issue amicably, the case was

adjourned on more than one occasion. Today ie., 20.07.2021, when the matter

was taken up for hearing, the parties have filed a joint compromise memo and

the same has been duly counter signed by the learned counsel.

3.In view of the same, this appeal suit is disposed in terms of the joint

memo of compromise dated 20.07.2021. The joint compromise memo shall

form part of the decree. Since the matter has been settled out of Court, the

appellant is entitled to refund of Court fee. No costs. Consequently, connected

miscellaneous petition is closed.

                                                                             20.07.2021
                Index              : Yes / No
                Internet           : Yes/ No
                ias

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

A.S.(MD)No.367 of 2005

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:

The Additional District Court, Fast Track Court No.II, Tirunelveli.

Copy to:

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

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

A.S.(MD)No.367 of 2005

G.R.SWAMINATHAN, J.

ias

A.S.(MD)No.367 of 2005

20.07.2021

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