Madras High Court
C.Chellathai vs Jebamony Dhas on 21 September, 2021
A.S.(MD)No.161 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
A.S.(MD)No.161 of 2018
1.C.Chellathai ... Appellant / Defendant
2.Jegan Vargheese
(This Court impleaded the second appellant
vide order dated 21.09.2021
in C.M.P.(MD)No.7764 of 2021) ... Proposed Appellant
-Vs-
Jebamony Dhas ... Respondent / Plaintiff
PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code,
against the judgment and decree in O.S.No.9 of 2012 on the file of the
District Judge, Kanyakumari District, Nagercoil, dated 31.08.2017.
For Appellant : Mr.M.P.Senthil
For Respondent : Mr.H.Thayumanaswamy
JUDGMENT
This appeal is directed against the judgment and decree dated
31.08.2017 in O.S.No.9 of 2012 on the file of the District Judge,
Kanyakumari District, Nagercoil.
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A.S.(MD)No.161 of 2018
2. The respondent herein filed the said suit for recovery of
Rs.10,07,450/- with interest. The suit was decreed. Aggrieved by the same,
the defendant Chellathai filed the appeal. I felt that the issue could be
resolved between the parties. It was submitted by the counsel on either side
that apart from the case on hand, there are two other cases and that a
comprehensive solution could be arrived at. The matter was therefore
adjourned.
3. I am happy to note that the parties amicably settled all the issues.
A joint memo of compromise has also been filed. The same is taken on
record. As per the terms of the compromise, a sum of Rs.16,00,000/- was
paid to the plaintiff Jebamony Dhas by way of demand draft dated
17.09.2021 bearing No.620207 drawn on South Indian Bank Limited,
Thuckalay. It was handed over in my presence to the respondent. The
respondent also acknowledges the receipt of the same. Since the impugned
judgment and decree is accordingly modified, this appeal is disposed of in
terms of the joint memo of compromise. The joint memo of compromise
shall form part of the decree. Since the parties have amicably settled the
issue and saved the time of the court, the appellant will be entitled to refund
of the court fee already paid. As per the terms of the compromise arrived at
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A.S.(MD)No.161 of 2018
between the parties, the said court fee has to be refunded to the respondent
herein. Registry is directed to expedite the process of refund. The
respondent herein has given the details as follows:-
Karur Vysya Bank, Marthandam, A/C: 1768155000004821
IFC: KVBL0001768
Registry to deposit the court fee of Rs.54,418/- in favour of the respondent
at the earliest.
4. Thiru.Jebamony Dhas had filed O.S.No.3 of 2015 on the file of the
Additional District Judge, Padmanabhapuram. In the said suit, the
impleaded second appellant who is the son of the original appellant is the
sole defendant. The said suit is also to be disposed of in terms of the joint
memo of compromise. Upon production a copy of this order, the learned
Additional District Judge, Padmanabhapuram shall give a disposal to the
same in terms of the joint memo of compromise. The Additional District
Judge, Padmanabhapuram is also directed to refund the Court fee of
Rs.1,12,146/- to Jebamony Dhas at the earliest.
5. The plaintiff herein had filed O.S.No.68 of 2012 on the file of the
Sub Court, Kuzhithurai against the impleaded appellant and the same was
decreed exparte. The second appellant has already filed a set aside petition.
Jebamony Dhas who is present in person states that he will not have any
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A.S.(MD)No.161 of 2018
objection for allowing the said I.A and for setting aside the same.
Thereafter, O.S.No.68 of 2012 will also be disposed of in terms of this
compromise memo. Thereupon, the Sub Court, Kuzhithurai, shall refund
the Court fee of Rs.68,860/- to the plaintiff Jebamony Dhas.
6. It is stated that an order of attachment was passed in I.A.No.41 of
2012 in O.S.No.9 of 2012. In view of the disposal of this appeal, the said
attachment shall stand raised. The trial court shall send an appropriate
communication to the office of SRO, Palliyadi for deleting the
encumbrance. It is stated that an order of attachment was passed in I.A.No.
18 of 2015 in O.S.No.3 of 2015 on the file of the Additional District Judge,
Padmanabhapuram. In view of the resolution of outstanding dispute
between the parties, the learned trial Judge will raise the attachment made
in I.A.No.18 of 2015 in O.S.No.3 of 2015 and also send an appropriate
communication to the SRO, Verkilambi. The respective parties are entitled
to take back the original document filed by them before the Courts
concerned. The original document filed by the appellant as additional
evidence shall be returned to the appellant's counsel. The Appeal is
accordingly disposed of. No costs.
21.09.2021
Internet : Yes/No
https://www.mhc.tn.gov.in/judis/
A.S.(MD)No.161 of 2018
Index : Yes/No
rmi
To
The District Judge, Kanyakumari District, Nagercoil.
Copy To
The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
NOTE: Registry to mark a copy of this order to
Additional District Judge, Padmanabhapuram and
Sub Court, Kuzhithurai.
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A.S.(MD)No.161 of 2018
G.R.SWAMINATHAN.J.,
rmi
Judgment made in
A.S.(MD)No.161 of 2018
21.09.2021
(1/3)
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