Madras High Court
Tamaraiselvi vs S.Periyasamy on 13 October, 2022
A.S.(MD)No.115 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.10.2022
CORAM
THE HON'BLE MRS JUSTICE J. NISHA BANU
AND
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
A.S.(MD)No.115 of 2014
and
M.P.(MD)No.1 of 2014
1.Tamaraiselvi
2.Minor.Raja Chandrasekaran
3.Minor Raja Priyanka
4.M.K.Chandrasekaran ... Appellants/Defendants
(Appellants 2 and 3 are represented by his guardian and mother, the first
appellant herein.)
/Vs./
S.Periyasamy ... Respondent/Plaintiff
PRAYER: Appeal - filed under Section 96 of the Code of Civil Procedure,
to allow the appeal, set aside the Judgment and Decree dated 20.11.2013
made in O.S.No.60 of 2010 by the learned District Judge, Karur.
For Appellants : Mr.N.Shanmugaselvam
For Respondent : Mr.M.Chidambarakumar Bharathi
Page 1 of 6
https://www.mhc.tn.gov.in/judis
A.S.(MD)No.115 of 2014
JUDGMENT
J. NISHA BANU,J.
and
N. ANAND VENKATESH,J.
This appeal was filed by the defendants against the judgment and
decree passed in O.S.No.60 of 2010 by the District Judge, Karur, dated
20.11.2013 decreeing the suit filed for recovery of money.
2. During the pendency of this appeal, the parties were referred to
Lok Adalat and the parties have settled the dispute before the Lok Adalat
and the terms of settlement as recorded before the Lok Adalat are extracted
hereunder:
“TERMS OF SETTLEMENT IS
1) Both parties and their advocates present
2) Both parties agreed to settle the matter for a sum of
Rs.72,60,000/- in full settlement as against the award amount
of Rs.87,29,201/- out of the settlement of Rs.--/- with advocate
fee, -- balance amount of Rs.--/- to the parties. The Plaintiffs
shall be entitled to have the following apportions of the
amount. The defendants pay the above said amount by way
of DD No.306668 dated 21.04.2016 in the name of the
https://www.mhc.tn.gov.in/judis
A.S.(MD)No.115 of 2014
Plaintiff.
3) The attachment made, if any, shall be raised and the
order of raising the attachment shall be communicated to be
concerned registration authorities to raise the attachment.
4) interim order passed by the court, if any, stands
vacated.
5) On filing the full satisfaction memo, the execution
petition shall be terminated.
6) Out of the amount, the claimants are entitled to the
amount as follows:-
7) The security given by the defendant by depositing
the original Sale deed and other documents produced in the
attachment petition is to be returned to the defendant without
giving any notice to the other side.
Name of the Plaintiff Amount in Rs.
7) On such deposit, or in deposit the major Plaintiff
are entitled to withdraw their entire share of the award
amount.
8) In case, the Plaintiffs is minor, the guardian of the
minor Plaintiffs is entitled to withdraw 50% of the share of
the minor Plaintiffs in the award amount or entire amount of
the minor Plaintiffs share considering the education and
future maintenance and the remaining amount shall be
deposited in any one of the nationalized bank till the minor
attains majority.
9) EP may be terminated on deposit of the settled
https://www.mhc.tn.gov.in/judis
A.S.(MD)No.115 of 2014
amount and on filling of F.S.Memo.
10) The advocate is permitted to withdraw his entire
fee.
11) Award is passed in terms of the settlement but
without costs."
3. The terms of settlement has been signed by the parties and their
respective counsel and an award has also been passed by the Lok Adalat on
22.04.2016.
4.In view of the above, this Appeal Suit is disposed of in terms of the
award dated 22.04.2016 passed by the Lok Adalat. Since the parties have
settled the dispute, this Court is inclined to permit the refund of the entire
Court fee to the appellants. No costs. Consequently, connected
Miscellaneous Petition is closed.
(J.N.B.,J.) (N.A.V.,J.)
13.10.2022
Index : Yes/No
Internet : Yes
sm
https://www.mhc.tn.gov.in/judis
A.S.(MD)No.115 of 2014
To:
1.The District Judge, Karur.
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
A.S.(MD)No.115 of 2014
J. NISHA BANU,J.
and
N. ANAND VENKATESH,J.
sm
Judgment made in
A.S.(MD)No.115 of 2014
Dated
13.10.2022
https://www.mhc.tn.gov.in/judis
