Madras High Court
Kamalaveni vs D.Kamaraj on 25 November, 2021
S.A(MD)No.341 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.11.2021
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
S.A(MD)No.341 of 2018
and
C.M.P(MD).No.9654 of 2018
1.Kamalaveni
2.A.Nirmala ... Appellants
Vs.
1.D.Kamaraj
2.K.Mahalakshmi ... Respondents
Prayer: Second Appeal is filed under Section 100 of the Code of Civil
Procedure against the judgment and decree dated 25.10.2017, passed in
A.S.No.32 of 2014 on the file of the Principal District Judge,
Tiruchirappalli, Confirming the judgment and decreed dated 17.04.2013 in
O.S.No.824 of 2010 on the file of the I Additional Subordinate Judge,
Tiruchirappalli.
For Appellants : Mr.Shangar Murali
For R1 : Mr.R.Murali
For R2 : Mr.K.Govindarajan
1/9
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S.A(MD)No.341 of 2018
JUDGMENT
The Judgment and decree passed in A.S.No.32 of 2014 on the file of
the Principal District Judge, Tiruchirappalli, are being challenged in the
present second appeal.
2.The first respondent / plaintiff filed the suit in O.S.No.824 of 2010
for specific performance and alternative relief of refund of a sum of Rs.
3,21,666/- with interest at 18% per annum. The Trial Court allowed the suit.
Against which, the respondents 1 and 3 / plaintiff filed an appeal in A.S.No.
32 of 2014 before the first appellate Court. The first appellate Court
dismissed the appeal confirming the Judgment and decree passed by the
Trial Court. Against the Judgment and decree passed by the first appellate
Court, the appellants / appellants have filed this second appeal.
3.Today, the appellants and the respondents were present before this
Court and they have stated that they have entered into a compromise and
settled the issue amicably between themselves. Both parties are assisted by
their respective counsels and the parties have accepted the terms of
Compromise Memo filed by them, which was duly signed by the parties as
well as their respective counsels. The joint compromise memo shall form
part and parcel of this order. The said terms of Compromise Memo has been
scanned and reproduced infra:
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S.A(MD)No.341 of 2018
4.Since the second appellant is physically challenged(deaf and
Dumb), this Court is inclined to issue a direction to the second appellant to
deposit a sum of Rs.3,00,000/- in the fixed deposit account and withdraw the
interest every month for her medical expenses and other purposes. The
second appellant's son alone is taking care of her mother, who is working on
a daily wages and he has no own house to reside and the second appellant is
ready to pay lease amount to her son for taking a house on lease basis.
5.Considering the financial position of the second appellant's son,
this Court directs the second appellant to pay the necessary amount to her
son to enable him to take a house on lease on condition that the lease
agreement should be in the name of the second appellant. It is left open to
the second appellant to utilize the deposited amount after a period of three
years as per her necessity. The matter is settled out of the Court and the
parties is at liberty to seek for refund of the Court fee.
With the above directions, this Second Appeal is disposed of. No
Costs. Consequently, the connected miscellaneous petition is closed.
25.11.2021
Index : Yes/No
Internet : Yes/No
tta
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S.A(MD)No.341 of 2018
To
1.Principal District Judge,
Tiruchirappalli.
2. I Additional Subordinate Judge,
Tiruchirappalli.
3.The Record Keeper,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
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S.A(MD)No.341 of 2018
V.BHAVANI SUBBAROYAN, J.
tta
Judgment made in
S.A(MD)No.341 of 2018
25.11.2021
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