Madras High Court
S.M. Narayanan vs R.P. Jaganathan (Died) on 28 March, 2022
A.S.No.199 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 28.03.2022
CORAM:
THE HONOURABLE TMT. JUSTICE S. KANNAMMAL
A.S.No.199 of 2009
S.M. Narayanan ... Appellant/ Plaintiff
Vs.
1. R.P. Jaganathan (died)
2. G. Thangavelu (died) ... Respondents 1 & 2 /
Defendants 1 & 2
3. J. Angu Lakshmi (died)
4. Visalatchi
5. Maheswari
6. Hari ... Respondents 3-6/
[L.Rs.of 1st Respondent]
7. T.Jagathambal
8. T.Jayasurya
9. T.Jayasri
10.T.Sudha ... Respondents 7-10
[L.Rs.of 2nd Respondent]
PRAYER: Appeal Suit is filed under Section 96 of the Civil Procedure
Code to set aside the Judgment and Decree dated 17.10.2008 in
O.S.No.193 of 2004 on the file of the learned Additional District
Judge/Fast Track Court at Namakkal.
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A.S.No.199 of 2009
For Appellant : Mr. J. Hari Haran for
M/s. K.V. Law Firm
For Respondents : M/s.K.V. Muthu Visakan
JUDGMENT
This Appeal Suit has been filed to set aside the Judgment and
Decree of the Additional District Judge/Fast Track Court, Namakkal
dated 17.10.2008 in O.S.No.193 of 2004.
2. Learned counsel for the Appellant and Respondents 4 to 10
present. Learned counsel for the Respondents filed Memo stating that the
proposed 3rd Respondent Mrs. Angu Lakshmi died on 27.08.2021. The
Memo is recorded.
3. Learned counsel for the Appellant and Respondents filed a Joint
Memo of compromise, wherein it is stated that the Appellant filed the
Original Suit seeking direction to the original defendants to pay jointly
and severally a sum of Rs.11,40,000/- being the suit amount. After full
trial the above suit was dismissed by the learned Trial Judge. Aggrieved
over the same, the Plaintiff/Appellant herein has filed this Appeal Suit.
During the pendency of the appeal suit, the original defendants/
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A.S.No.199 of 2009
respondents 1 and 2 died and their legal representatives were brought on
record as Respondents 3 to 10. On 27.08.2021 during the pendency of
the suit, 3rd Respondent died. Now the Appellant and Respondent Nos.4
to 10 have been arrived at a compromise and decided to settle the issue
amicably on the following terms of compromise:
“TERMS OF COMPROMISE
3. The proposed respondents No.4 to 10 together have decided
to pay the Appellant a sum of Rs.16,00,000/- (Rupees sixteen
lacs only) towards the full and final settlement in the matter
involved in the suit in O.S.No.193 of 2004 on the file of the
learned Additional District Judge cum Fast Tract Judge,
Namakkal against which the present Appeal Suit in
A.S.No.199 of 2009 was filed and pending before the Hon'ble
Court.
4. The proposed Respondents No.4 to 10 are jointly paying a
sum of Rs.16,00,000/- as a full and final settlement in the
following manner to the appellant.
S.No. Date Bank D.D.No. Amount
1 25.01.2022 Axis Bank Ltd. 036293 Rs.4,00,000/-
2 25.01.2022 LVB & DBS Bank 302622 Rs.4,00,000/-
3 18.02.2022 LVB & DBS Bank 302632 Rs.4,00,000/-
4 18.02.2022 Axis Bank Ltd. 036374 Rs.4,00,000/-
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A.S.No.199 of 2009
5. It is also stated the appellant has agreed to receive a sum of
Rs.16,00,000/- (Rupees Sixteen Lakhs) in the manner as
stated above and thereafter all the issues involved in the
present appeal suit shall stand settled between the parties.
6. It is prayed that this Joint Memo of Compromise and
Annexure, the copies of aforementioned 4 Demand Drafts
shall be part and parcel of the decree.”
4. In the above joint compromise memo both the Appellant and the
Respondent No.4 to 10 were made their signatures along with the their
respective counsels. Learned counsels submitted that since the parties
could not travel long journey and most of them are aged persons they
could not make their physical appearance before the Court. The learned
counsels further submitted that since they are the counsel on record and
they have endorsed the signatures of their respective parties, the memo of
compromise may be recorded.
5. Recording the above submissions made by both side learned
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A.S.No.199 of 2009
counsels the Memo is recorded. The learned counsel for the Respondents
handed over the above mentioned four (4) Demand Drafts to the learned
counsel for the Appellant, who is authorised by the Appellant to receive
the Demand Drafts, vide Authorisation Memo.
6. In view of the above, Appeal Suit is disposed of. The Joint
Compromise Memo shall form part of the decree. Return of stamp duty
as per rules. No costs.
28.03.2022
ggs
Index :Yes/No
Internet :Yes/No
Speaking/Non-speaking order
Copy to:
The Additional District Judge
Fast Track Court,
Namakkal.
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A.S.No.199 of 2009
S. KANNAMMAL, J.
ggs
Judgment in
A.S.No.199 of 2009
28.03.2022
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