N.Somasundaram vs A.N.Selvam
2022 Latest Caselaw 4279 Mad

                                                             1       S.A.(MD)No.658 OF 2010

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 04.03.2022

                                                    CORAM

                       THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          S.A.(MD)No.658 of 2010 and
                                             M.P.(MD)No.2 of 2010

                     1. N.Somasundaram

                     2. S.Davamani                  ... Appellants / Appellants /
                                                           Defendants

                                                       Vs.


                     A.N.Selvam                     ... Respondent / Respondent /
                                                            Plaintiff

                                  Prayer: Second appeal filed under Section 100 of
                     C.P.C., against the Judgment and Decree dated 22.02.2008
                     passed in A.S.No.39 of 2007 by the learned Principal District
                     Judge, Pudukkottai, dismissing the appeal and confirming the
                     Decree and Judgment dated 24.07.2006 passed in O.S.No.257
                     of 2002 on the file of the learned Subordinate Judge,
                     Pudukkottai.


                                  For Appellants   : Mr.Madhavan,
                                                     for Mr.K.Balasubramani.

                                  For Respondent : Mr.K.Baalasundaram

                                                     ***


https://www.mhc.tn.gov.in/judis
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                                                          2       S.A.(MD)No.658 OF 2010

                                               JUDGMENT

The defendants in O.S.No.257 of 2002 on the file of

the Sub Court, Pudukkottai, are the appellants in this second

appeal.

2. The suit was one for redemption of mortgage. The

appellants filed a counter claim. The trial Court decreed the

suit in favour of the plaintiff and dismissed the counter claim.

Challenging the same, the defendants filed A.S.No.39 of 2007

before the Principal District Judge, Pudukkottai. The appeal

was dismissed on 22.02.2008. Challenging the same, this

second appeal came to be filed.

3. When the matter was taken up for hearing, I

suggested to the learned counsel on either side to explore

possibilities of settlement. I am happy to record that the

matter has been amicably settled. A joint memo of compromise

signed by the counsel has been filed. The appellants have paid

a sum of Rs.90,000/- by way of Demand Draft to the

respondent and the same has also been accepted. A copy of

the Demand Draft has also been enclosed. https://www.mhc.tn.gov.in/judis

4. This second appeal is disposed of in terms of the

joint memo of compromise and the joint compromise memo

shall form part of the decree. Since the issue has been

amicably settled without consuming the time of the Court, the

appellants are entitled to refund of Court fee. No costs.

Consequently, connected miscellaneous petition is closed.

5. Registry is directed to refund the Court fee to the

appellants.

                                                                              04.03.2022

                     Index    : Yes / No
                     Internet : Yes/ No
                     PMU

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Principal District Judge, Pudukkottai.

2. The Subordinate Judge, Pudukkottai.

3. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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

G.R.SWAMINATHAN,J.

PMU

S.A.(MD)No.658 of 2010

04.03.2022

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