R.Neelamegam vs Rukmani
2022 Latest Caselaw 991 Mad

                                                                       S.A.No.880 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:21.01.2022

                                                    CORAM:

                                  THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN

                                                S.A.No.880 of 2021
                                                       and
                                              C.M.P.No.16724 of 2021

                     R.Neelamegam
                     S/o, V.D.Ramalingam
                     Represented by his Power of Attorney agent
                     N.Senthamarai,
                     W/o, Nellamegam,
                     Proprietor,
                     Saraboji Petroleum Agencies,
                     having office at
                     Door No.1/2, F3, Nagai By Pass,
                     Villupuram,
                     Thiruvarur Town,
                     Thiruvarur District.                                    ...    Appellant


                                                   Vs.


                     Rukmani
                     W/o, V.S.Durairaj                                 ...         Respondent




                     1/5


https://www.mhc.tn.gov.in/judis
                                                                                   S.A.No.880 of 2021

                      Prayer:           Second Appeal filed under Section 100 of C.P.C., against the

                     judgment and Decree dated 04.08.2021 made in A.S.No.6 of 2019 on the file

                     of the Principal District Judge, Thiruvarur, in confirming the Judgment and

                     Decree dated 25.04.2019 made in O.S.No.83 of 2015 on the file of the

                     Subordinate Judge, Thiruvarur.



                                       For Appellant     : Mr.C.Prabakaran

                                       For Respondent    : Mr.Gokul Sundar K.R


                                                         *****


                                                        JUDGMENT

This Second Second Appeal has been filed challenging the judgment

and decree passed in A.S.No.6 of 2019 on the file of the Principal District

Court, Thiruvarur, confirming the judgment and decree dated 25.04.2019

passed in O.S.No.83 of 2015 on the file of the Subordinate Court, Thiruvarur.

2. The suit in O.S.No.83 of 2015 has been filed by the respondent

https://www.mhc.tn.gov.in/judis S.A.No.880 of 2021

against the appellant for recovery of sum of Rs.6,77,000/-, based on the

promissory note. The suit was decreed after contest on 25.04.2019. The

Appeal filed against the Trial Court Judgment in A.S.No.6 of 2019 was

dismissed by the learned Principal District Judge, Thiruvarur on 04.08.2021.

Against the judgment and decree, this Second Appeal has been preferred.

3. During the pendency of the Appeal, both the parties have reached a

compromise and filed the compromise memo. As per the terms of

compromise memo, the respondent agreed to receive a sum of Rs.7,25,000/-

in full quit and full satisfaction of the decree amount. This amount was

agreed to be paid within a period of one month from 20.12.2021 by way of

Demand Draft. It is reported now that the Demand Draft for a sum of

Rs.7,25,000/- was paid by the appellant to the respondent. The Demand

Draft Number is 009475 dated 12.01.2022 drawn on HDFC Bank.

E.P.No.128 of 2021 filed by the respondent is pending before the Sub-

ordinate Court, Thiruvarur and is posted for hearing on 08.02.2022. Learned

counsel for the respondent agreed to withdraw this E.P on the said hearing

date.

4. Recording the submissions, this Second Appeal is disposed of and

https://www.mhc.tn.gov.in/judis S.A.No.880 of 2021

decree is passed in terms of memorandum of compromise. Parties are

directed to bear their own costs. Consequently, connected miscellaneous

petition is also closed. After the settlement, the appellant/defendant is entitled

to the refund of eligible Court fee in accordance with law. Memorandum of

Compromise shall form part and parcel of this Judgment.

21.01.2022

mfa Index:yes/No Internet:yes/No

To

1. The Principal District Judge, Principal District Court, Thiruvarur.

2.The Subordinate Judge, Subordinate Court, Thiruvarur.

Copy to The Section Officer, VR Section, High Court, Chennai.

https://www.mhc.tn.gov.in/judis S.A.No.880 of 2021

G.CHANDRASEKHARAN, J.

mfa

S.A.No.880 of 2021 and C.M.P.No.16724 of 2021

21.01.2022

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