V.Thanga Rethinam vs P.Simson
2022 Latest Caselaw 8967 Mad

                                                                              S.A.(MD)No.422 of 2020



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 27.04.2022

                                                    CORAM:

                        THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                             S.A(MD)No.422 of 2020


                     V.Thanga Rethinam                                      ... Appellant
                                                      -vs-


                     P.Simson                                              ... Respondent


                     Prayer :- The second Appeal filed under Section 100 of the Code of Civil
                     Procedure, to call for the records from the Courts below and set aside the
                     decree and judgment in A.S.No.12 of 2017 passed by the learned
                     Subordinate Judge, Padmanabhapuram dated 23.04.2019 confirming the
                     decree and judgment in O.S.No.384 of 2011 passed by the Additional
                     District Munsif Court, Padmanabhapuram, dated 26.11.2014 by allowing
                     this second appeal.

                                   For Appellant       : Mr.Ananth C.Rajesh


                                   For Respondent      : Mr.G.Ramanathan


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                                                                                    S.A.(MD)No.422 of 2020



                                                         JUDGMENT

This second appeal is filed to set aside the judgment and decree in

A.S.No.12 of 2017 passed by the learned Subordinate Judge,

Padmanabhapuram, dated 23.04.2019, confirming the decree and

judgment in O.S.No.384 of 2011 passed by the learned Additional

District Munsif Court, Padmanabhapuram, dated 26.11.2014.

2.The appellant is the defendant in the suit. The respondent is the

plaintiff. The suit has been filed for the relief of recovery of money.

After hearing the rival submissions of both parties, the trial Court

decreed the suit. Aggrieved over that, the defendant had filed an appeal

in A.S.No.12 of 2017 before the Additional District Munsif Court,

Padmanabhapuram and the appeal was also dismissed confirming the

judgment and decree of the trial Court. Challenging the said dismissal

judgment, the present second appeal has been filed by the

appellant/defendant.

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3.When the matter came up for hearing on 21.04.2022, the learned

counsel for the appellant submitted that the appellant is ready to pay a

sum of Rs.1,00,000/- towards full and final settlement of entire suit claim

and the learned counsel for the respondent submitted that the respondent

is also ready to accept the said amount. However, the learned counsel for

the appellant sought time to get a Demand Draft for a sum of

Rs.1,00,000/- in favour of the respondent.

4.Today, when the matter was called, the learned counsels for both

parties filed a compromise memo stating that the matter has been settled

amicably between the parties as per the terms of the Joint Compromise

Memo, dated 27.04.2022 and also produced a demand draft bearing No.

010882 dated 26.04.2022 for a sum of Rs.1,00,000/- (Rupees One Lakhs

only) in favour of respondent/plaintiff drawn on State Bank of India.

5.In view of the same, the Compromise Memo is recorded and the

second appeal is disposed of on the basis of the terms of compromise

memo. The Compromise Memo dated 27.04.2022 shall form part of the

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https://www.mhc.tn.gov.in/judis S.A.(MD)No.422 of 2020

decree. No costs. Consequently, connected miscellaneous petition is

closed. If at all, the parties are entitled for any refund of Court fee, the

same shall be returned in accordance with law either by this Court or by

the first appellate court.

27.04.2022

Index : Yes/No Internet : Yes/No cp

To

1.The Subordinate Judge, Padmanabhapuram.

2.The Additional District Munsif, Padmanabhapuram,

3.The Record Clerk, Vernacular Section Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis S.A.(MD)No.422 of 2020

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https://www.mhc.tn.gov.in/judis S.A.(MD)No.422 of 2020

KRISHNAN RAMASAMY, J.

cp

S.A(MD)No.422 of 2020

Dated: 27.04.2022

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