Sp.Ganesan vs Mrs.G.Nahasundari
2021 Latest Caselaw 14691 Mad

                                                                                  C.S.No.114 of 2021



                                IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 22.07.2021

                                                          CORAM

                                 THE HONOURABLE MR. JUSTICE V. PARTHIBAN

                                                    C.S.No.114 of 2021

                      SP.Ganesan                                                 ... Plaintiff

                                                              Vs.

                      Mrs.G.Nahasundari                                          ...Defendant

                      PRAYER: Suit filed under Order VII Rule 1 of C.P.C., r/w. Order IV Rule
                      1 of O.S.Rules, directing the defendant to pay to the plaintiff a sum of
                      Rs.1,01,00,000/- (Rupees One Crore and one Lakh only) together with
                      interest at the rate of 18% per annum from the date of plaint till date of
                      realization and the cost of the suit.


                                   For Plaintiff               : Ms.M.Karpagam

                                   For Defendant               : No appearance




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                                                                                    C.S.No.114 of 2021

                                                     JUDGMENT

Today, when the suit is taken up for hearing, on behalf of the parties,

a compromise memo dated 13.07.2021, has been filed. The contents of the

compromise memo is extracted hereunder:-

“COMPROMISE MEMO FILED BY PLAINTIFF AND DEFENDANT:

1. The plaintiff filed the above suit for recovery of Rs.1,01,00,000/- (Rupees One Crore and One Lakh only) as against the defendant being his wife, and paid a court fee of Rs.1,04,525/- on the plaint. The above suit came up for admission on 25.03.2021 and notice was ordered to the defendant, returnable by 29.04.2021. It was again posted to 15.06.2021, 06.07.2021 and now posted to 14.07.2021. The defendant did not enter here appearance in the suit.

2. While so, the defendant had approached the plaintiff for amicable settlement and reached a compromise with the plaintiff and thereby resolved the controversy between them. The defendant had also requested the plaintiff for withdrawal of the suit, as settled out of Court.

Accordingly, both the parties have reached a compromise on 12.07.2021. Hence, the present compromise memo is filed before this Court.”

http://www.judis.nic.in C.S.No.114 of 2021

2. The compromise memo dated 13.07.2021, is taken on record. The

suit is disposed of as being settled out of Court in terms of the compromise

memo entered into between the parties.

3. In view of the suit being disposed of as settled out of Court, the

Registry is directed to refund the Court Fee paid by the plaintiff as per

Original Side Rules read with the provisions of the Tamil Nadu Court Fees

and Suit Valuation Act, 1955.

22.07.2021 Index : Yes/No Internet : Yes/No gsk

http://www.judis.nic.in C.S.No.114 of 2021

V.PARTHIBAN, J.

gsk

C.S.No.114 of 2021

22.07.2021

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