Madras High Court
A.K.Bose(Died) vs S.P.Sami .. 1St on 27 July, 2021
APPEAL SUIT No.109 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.07.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
APPEAL SUIT No.109 of 2009
and
C.M.P(MD)No.6057 of 2021
1.A.K.Bose(died) .. Appellant/1st Defendant
2.Backialakshmi
3.Jeyalakshmi Devi
4.Jeyakarthikadevi
5.Sivasubramanian
6.K.B.Shankar .. Appellants 2 to 6
(AA2 to 6 are brought on record as Lrs of the deceased
sole appellant vide order, dated 03.02.2020 made
in C.M.P(MD)No.9968 of 2019 in A.S(MD)No.109/2009)
Vs.
1.S.P.Sami .. 1st Respondent/Plaintiff
2.Nallusamy (died)
3.Thirumathi (died)
4.Vellaiammal
5.Raman .. Respondents 2 to 5/
Defendants 3 to 6
6.Bhanu
7.Surya
1/6
https://www.mhc.tn.gov.in/judis/
APPEAL SUIT No.109 of 2009
8.Shanthi .. Respondents 6 to 8
9.Lakshmi
10.Dhanalakshmi
11.Latha
12.Saravanakumar
13.Jeyandhi
14.Ramathilakam
15.Meenakshi .. Respondents 9 to 15
(RR 6 to 8 are brought on record as Lrs of the
deceased 3rd respondent vide order, dated
07.01.2013 made in M.P(MD)Nos.1 to 3 of 2013
in A.S(MD)No.109/2009)
(RR 9 to 15 are brought on record as Lrs of the
deceased 2nd respondent vide order, dated
02.07.2021 made in C.M.P(MD)Nos.1112
to 1114 of 2017 in A.S(MD)No.109/2009)
Prayer:- Appeal Suit filed under section 96 of the Code of Civil
Procedure, 1908 against the Judgment and Decree dated
30.06.2008 passed in Original Suit No.137 of 2005 by the Additional
District Court, Fast Track Court No.2, Madurai.
For Appellants : Mr.Vallinayagam
Senior Counsel
for Mr.S.M.S.Johny Basha
For R – 1 : Mr.K.K.Senthilvelavan
For RR 4, 7 & 8 : Mr.G.Prabhu Rajadurai
For R – 5 : No appearance
2/6
https://www.mhc.tn.gov.in/judis/
APPEAL SUIT No.109 of 2009
JUDGMENT
This Appeal Suit is directed against the Judgment and
Decree, dated 30.06.2008, made in O.S.No.137 of 2005, on the file
of the Additional District Judge/Fast Track Court No.2, Madurai.
2.The first respondent-S.P.Sami is the plaintiff in the suit.
He filed the said suit for recovering a sum of Rs.8,20,000/- with
interest from the defendants. The suit was decreed as against the
first defendant as prayed for. Challenging the same, the first
defendant as appellant has preferred this Appeal Suit.
3.In the meanwhile, the appellant/first defendant passed
away and his legal heirs have come on record as appellants 2 to 6
to prosecute this Appeal Suit.
4.Heard the learned Senior Counsel appearing for the
appellants, the learned counsel appearing for the first respondent
and the learned counsel appearing for the respondents 4, 7 & 8.
https://www.mhc.tn.gov.in/judis/
APPEAL SUIT No.109 of 2009
5.Even as the learned Senior Counsel opened his
submissions, I felt that the matter can be amicably resolved.
6.Today, the son of the appellant viz.,
Shri.Sivasubramanian as well as the plaintiff viz., Shri.S.P.Sami
appeared before me and for about 45 minutes, I had talks with both
of them and the parties have agreed to compromise the matter in
the following terms:-
(i) The appellants shall pay a sum of Rs.4,20,000/-
(Rupees Four Lakhs Twenty Thousand Only) to the first
respondent/plaintiff within a period of four months. A sum of
Rs.2,00,000/- (Rupees Two Lakhs Only) shall be paid to the first
respondent/plaintiff within a period of two months from the date of
receipt of a copy of this Judgment and the balance amount of
Rs.2,20,000/- (Rupees Two Lakhs and Twenty Thousand Only) will
be paid to the first respondent/plaintiff within a period of two
months thereafter.
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APPEAL SUIT No.109 of 2009
(ii) Since the matter is being settled based on the
compromise between the parties, the appellants will be entitled to
refund of the Court fee paid by them. The appellants informed the
Court that the Court fee of Rs.92,326/- (Rupees Ninety Two
Thousand Three Hundred and Twenty Six only) can be directly paid
to the first respondent/Plaintiff. The Registry is directed to expedite
the refund of the Court fee to him.
8.This Appeal is disposed of accordingly. No costs.
Consequently, connected Miscellaneous Petition is closed.
27.07.2021
Index : Yes/No
Internet : Yes/No
ps
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.
https://www.mhc.tn.gov.in/judis/
APPEAL SUIT No.109 of 2009
G.R.SWAMINATHAN,J.
ps
To
1.The Additional District Court,
Fast Track Court No.2, Madurai.
2.The Record Keeper,
V.R Section,
Madurai Bench of Madras High Court,
Madurai.
A.S(MD)No.109 of 2009
27.07.2021
https://www.mhc.tn.gov.in/judis/
