Madras High Court
G.Kalavathi vs R.V.Srinivasan on 25 October, 2021
S.A.No.1101 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
S.A.No.1101 of 2015
and M.P.No.1 of 2015
1. G.Kalavathi
2. G.Moogambigai
3. G.Bhuvaneswari
4. G.Rajeswari
5. G.Umamaheswari ... Appellants
Vs.
1. R.V.Srinivasan
2. G.Yasodha ... Respondents
PRAYER: The Second Appeal filed under Section 100 of the Civil Procedure
Code against the Judgment and Decree, dated 30.06.2015 made in A.S.No.19 of
2014 on the file of the I Additional District Court, Salem, confirming the
Judgment and Decree, dated 08.01.2014 in O.S.No.180 of 2012 on the file of
the II Additional Sub Court, Salem.
For Appellants : Mr.N.Manokaran
For Respondents : Ms.Zeenath Begam
JUDGMENT
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S.A.No.1101 of 2015
Aggrieved over the judgment and decree passed in A.S.No.19 of
2014 on the file of the I Additional District Court, Salem, dated 30.06.2015, the
above second appeal has been preferred.
2. The learned counsel on either side submitted that both the parties
have mutually agreed to resolve and settle the dispute among themselves. The
parties have also filed a Joint Memorandum of compromise, dated 09.09.2021
evidencing such settlement. In the Joint Memorandum of Compromise, the
parties have arrived at a settlement in the following terms:
i. The appellants 2 to 5/defendants 2 to 5 agree to pay a sum of
Rs.10,00,000/- (Rupees Ten Lakhs only) by way of two Demand
Drafts bearing D.D. No.390452 dated 24.08.2021 for
Rs.5,00,000/- (Rupees five lakhs only) and D.D. No.390472 dated
25.08.2021 for Rs.5,00,000/- (Rupees five lakhs only) both drawn
on State Bank of India, Salem Branch issued in the name of
R.V.Srinivasan/Respondent/Plaintiff herein towards full and final
satisfaction of the decree dated 08.01.2014 in O.S. No.180 of
2012 on the file of the Ld. Second Addl. Sub Court, Salem.
ii. The respondent/plaintiff agrees to receive the above payment of
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S.A.No.1101 of 2015
Rs.10,00,000/- (Rupees Ten Lakhs) by way of two Demand Drafts
bearing D.D. No.390452 dated 24.08.2021 for Rs.5,00,000/-
(Rupees five lakhs only) and D.D. No.390472 dated 25.08.2021
for Rs.5,00,000/- (Rupees five lakhs only) both drawn on the
State Bank of India, Salem Branch, issued in the name of
R.V.Srinivasan/Respondent/Plaintiff herein towards full and final
satisfaction of the decree dated 08.01.2014 in O.S. No.180 of
2012 on the file of the Ld. Second Addl. Sub Court, Salem.
iii. The appellants agree to handover the demand drafts mentioned
above on the date of the appearance of both the parties before
the Hon'ble Court either through physical hearing or virtual
hearing in S.A. No.1101 of 2015. The 1st respondent also agrees
to receive the said Demand Drafts on and at the time of hearing
in the above S.A. No.1101 of 2015.
iv. The 1st respondent/plaintiff agrees that the order of attachment
made in REP. No.6 of 2016 passed by the Ld. First Additional
Sub Court, Salem in execution of the decree dated 08.01.2014
made in O.S. No.180 of 2012 may be raised/ lifted, in respect of
the property measuring 2519 sq.ft., bearing Old S.No. 57/2B1
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S.A.No.1101 of 2015
corresponding to T.S. No.2 measuring 1722 sq.ft. and also T.S.
No.3/1 measuring 797 sq.ft., in Ward M, Block 25, Meiyanur
Village, Salem Taluk and District. Accordingly, REP No.6 of
2016 shall be terminated after raising the order of attachment.
v. The 1st respondent does not have any other claim against the
appellants 2 to 5 in respect of the suit cheque dated 10.03.2009
executed by late P.Ganesan.
vi. In view of the settlement arrived at between the parties, the
appellants 2 to 5 pray this Hon'ble Court to direct the Registry to
refund the court fees of Rs.75,000/- after retaining the statutory
deduction of Rs.100/-.
vii.The appellants 2 to 5 and the 1st respondent pray this Hon'ble
Court to treat this Joint Memorandum of Compromise as part
and parcel of the order to be passed in the above S.A. No.1101 of
2015.
3. Today, all the parties have appeared before this Court through
Video conferencing and pursuant to the agreement entered into between the
parties in the joint memorandum of compromise, the appellants 2 to 5 /
defendants 2 to 5 handed over the demand drafts of Rs.10,00,000/- (Rupees Ten
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S.A.No.1101 of 2015
Lakhs only) to the 1st respondent / plaintiff and the 1st respondent/plaintiff also
received the same. The demand drafts and other details have reduced into
writing in the Joint Memorandum of compromise, dated 09.09.2021 which is
filed before this Court on 21.10.2021 and the same was also duly signed by the
respective counsels. The joint Memorandum states that the parties have no
claims against each other.
4. In view of the above, the joint memorandum of compromise is
taken on file and recorded. There will be a decree in terms of the joint
memorandum of compromise. The joint memorandum of compromise filed by
the parties shall form a part of the decree. Since the issue settled out of court,
Registry is directed to refund the Court fee paid under Section 69 of the Tamil
Nadu Court Fees and Suits Valuation Act, 1955, after deduction of statutory
dues. The Second Appeal is ordered in terms of Joint Memorandum of
Compromise. No costs. Consequently, connected Miscellaneous petition is
closed.
25.10.2021
vum
Index : Yes/No
Speaking order / Non speaking order
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S.A.No.1101 of 2015
M. GOVINDARAJ, J.
vum
To
1.The I Additional District Court, Salem.
2.The II Additional Sub Court, Salem.
3. The Section Officer,
VR Section,
Madras High Court,
Chennai.
S.A.No.1101 of 2015
and M.P.No.1 of 2015
25.10.2021
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