T.R.Jothiram vs K.S.Jayagopal
2021 Latest Caselaw 17871 Mad

                                                                                  S.A.No.449 of 2015

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED: 01.09.2021

                                                   CORAM:

                                  THE HONOURABLE MR.JUSTICE M.GOVINDARAJ

                                               S.A.No.449 of 2015
                                              and M.P.No.1 of 2013

                T.R.Jothiram                                               ... Appellant
                                                      Vs.


                1. K.S.Jayagopal

                2. The Internal Audit Officer,
                   O/o, Board Office, Audit Branch,
                   N.P.K.R.R. Mallgal, 1st Floor,
                   Tamil Nadu Electricity Board,
                   800, Anna Salai, Chennai – 600 002.

                3. The Superintending Engineer,
                   O/o. General Construction Circle,
                   K.N.Colony Udayapatty, Tamil Nadu,
                   Electricity Board, Salem – 636 014.                     ... Respondents

                PRAYER: The Second Appeal filed under Section 100 of the Civil Procedure
                Code against the judgment and decree in A.S.No.67 of 2010 on the file of the
                Additional District Court-cum-Fast Track Court No.1, Salem, dated 15.02.2012
                in partly modifying the judgment and decree in O.S.No.302 of 2007 on the file
                of the I Additional Subordinate Court, Salem, dated 31.03.2010.



https://www.mhc.tn.gov.in/judis
                                                                                        S.A.No.449 of 2015




                                           For Appellant            : Ms.R.Sripriya
                                                                      for M/s.V.Raghavachari
                                                            -----

                                                     JUDGMENT

The present Second Appeal has been filed against the judgment and

decree in A.S.No.67 of 2010 on the file of the Additional District Court-cum-

Fast Track Court No.1, Salem, dated 15.02.2012 in partly modifying the

judgment and decree in O.S.No.302 of 2007 on the file of the I Additional

Subordinate Court, Salem, dated 31.03.2010.

2. Today when the matter is taken up for hearing, the learned counsel

for the appellant submits that the matter has been settled between the parties

before the Execution Court. In support of her submission, she produced a Memo

of Affirmation filed by the respondent, wherein it is stated that the plaintiff had

received the entire payment from the defendants on the basis of the promissory

note and had withdrawn R.E.P.No.109 of 2012 and further, undertaken that he

will not pursue the dispute. The said Memo was received by the Execution

Court and the Execution Petition was dismissed as not pressed on 16.06.2017.

https://www.mhc.tn.gov.in/judis S.A.No.449 of 2015

3. Taking the Memo dated 25.08.2021 filed on behalf of the appellant

on record, the Second Appeal is dismissed as having become infructuous.

Further, it is submitted that the defendants deposited the decree amount before

the Execution Court. It is made clear that the appellant is entitled to withdraw

the decree amount by filing an appropriate application before the Execution

Court. There shall be no order as to costs. Consequently, connected

Miscellaneous Petition is closed.

01.09.2021 asi

To

1. The Additional District Court-cum-Fast Track Court No.1, Salem.

2. The I Additional Subordinate Court, Salem.

https://www.mhc.tn.gov.in/judis S.A.No.449 of 2015

M. GOVINDARAJ, J.

asi

S.A.No.449 of 2015 and M.P.No.1 of 2013

01.09.2021

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