Selvi @ Kalaiselvi vs Unknown
2022 Latest Caselaw 14983 Mad

                                                                                   A.S.No.426 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATE: 07.09.2022

                                                         CORAM:

                                    THE HON'BLE MR. JUSTICE M. DURAISWAMY
                                                            AND
                                    THE HON'BLE MR. JUSTICE SUNDER MOHAN
                                                     A.S.No.426 of 2022
                                               and C.M.P. No.15430 of 2022
                     Selvi @ Kalaiselvi                                            ... Appellant

                                                             v.

                     P.Karthikeyan                                                 ... Respondent

                     Appeal filed under Section 96 of CPC r/w Order 41 Rule 1 of               CPC
                     against the judgment and decree dated 03.09.2019 made in O.S. No.62
                     of 2016 on the file of the Principal District Judge, Krishnagiri.


                                       For Appellant      : Mr. C. Prabakaran
                                       For Respondent     : Mr.N.C.Ashok Kumar
                                                        JUDGMENT

(Judgment was delivered by M. DURAISWAMY, J.) When the appeal is taken up for hearing, C. Prabakaran, learned

counsel appearing for the appellant and Mr.N.C.Ashok Kumar learned

counsel appearing for the respondent submitted that the parties have

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

of compromise, dated 05.09.2022. The learned counsels also produced

a memorandum of compromise dated 05.09.2022, which has been signed

by the appellant, respondent and their respective counsels.

2. As per Clause -C of the joint memorandum of compromise, the

respondent-plaintiff agreed to cancel the Sale Agreement, which is the

subject matter in O.S. No.62 of 2016, dated 30.10.2015, registered as

Document No.3752 of 2015.

3. Mr.N.C.Ashok Kumar, learned counsel appearing for the

respondent submitted that the respondent-plaintiff undertakes to cancel

the sale agreement on or before 14.9.2022. The appellant and the

respondent, who are also present in the court duly acknowledged the due

execution of the joint memorandum of compromise and the respondent

also agreed to the undertaking given by his counsel.

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

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either side, the joint memorandum of compromise dated 05.09.2022 is

taken on record.

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

compromise dated 05.09.2022 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.]
                                                                          07.09.2022

                     Index : Yes/No
                     Internet: Yes
                     Rj




                     Page 3/4

https://www.mhc.tn.gov.in/judis A.S.No.426 of 2022

M. DURAISWAMY, J.

and SUNDER MOHAN, J

Rj

A.S.No.426 of 2022 and C.M.P. No.15430 of 2022

07.09.2022

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