R.Sundarraj vs Unknown
2022 Latest Caselaw 14912 Mad

                                                                              A.S.No.119 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATE: 06.09.2022

                                                     CORAM:

                                  THE HON'BLE MR. JUSTICE M. DURAISWAMY
                                                        AND
                                  THE HON'BLE MR. JUSTICE SUNDER MOHAN

                                                A.S.No.119 of 2022
                                           and C.M.P. No.1786 of 2022

                     R.Sundarraj                                              ... Appellant

                                                          v.

                     R.Amuthavalli                                            ...
                     Respondent




                     Appeal filed under Section 96 r/w O.R. 41 of          CPC against the
                     judgment and decree dated 24.09.2021 made in O.S. No.1 of 2019 on
                     the file of the Principal District Judge, Tiruppur.


                                    For Appellants    : Mr. Chozhan

                                    For Respondent    : Mr. G.Ethirajulu




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                                                                                    A.S.No.119 of 2022

                                                      JUDGMENT

(Judgment was delivered by M. DURAISWAMY, J.)

When the appeal is taken up for hearing, Mr. Chozhan, learned

counsel appearing for the appellant and Mr. G.Ethirajulu learned

counsel appearing for the respondent submitted that the parties have

settled the matter out of court and also entered into a joint memorandum

of compromise on 04.09.2022. The learned counsel for the appellant

also produced a memorandum of compromise dated 04.09.2022, which

has been signed by the appellant, respondent and their respective

counsels.

2. The learned counsel on either side submitted that the appeal

may be disposed of in terms of joint memorandum of compromise dated

04.09.2022.

3. In view of the submissions made by the learned counsel on

either side, the joint memorandum of compromise dated 04.09.2022 is

taken on record.

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4. The Appeal is disposed of in terms of the memorandum of

compromise dated 04.09.2022 and the terms of the compromise shall

form part and parcel of the decree in the above Appeal. In view of the

ratio laid down by the Hon'ble Supreme Court in the Judgment reported

in 2021(3) SCC 560 [High Court of Judicature at Madras,

Represented by its Registrar General Vs. M.C. Subramaniam and

others], the appellant is entitled to get refund of the entire court fee paid

in the First Appeal. No costs. Consequently, connected miscellaneous

petitions are closed.

                                                                      [M.D., J.]     [S.M., J.]
                                                                             06.09.2022

                     Index : Yes/No
                     Internet: Yes

                     Rj




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https://www.mhc.tn.gov.in/judis A.S.No.119 of 2022

M. DURAISWAMY, J.

and SUNDER MOHAN, J

Rj

A.S.No.119 of 2022 and C.M.P. No.1786 of 2022

06.09.2022

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