Madras High Court
A.Rajesh vs Vijayalakshmi on 22 December, 2023
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
A.S.No.319 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.12.2023
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
A.S.No.319 of 2023
and
C.M.P.No.11701 of 2023
A.Rajesh .... Appellant/Defendant
Vs
Vijayalakshmi .... Respondent/Plaintiff
PRAYER: Appeal Suit filed under Section 96 of CPC against the
Judgment and Decree dated 20.06.2022 made in O.S.No.340 of 2015 on
the file of the V Additional District Judge, Coimbatore.
For Appellant : Mr.C.R.Prasannan
For Respondent : Mr.K.Vasanthanayagan
JUDGMENT
This Appeal Suit has been filed as against the Judgment and
Decree dated 20.06.2022 made in O.S.No.340 of 2015 on the file of the
V Additional District Judge, Coimbatore, thereby decreeing the suit for
specific performance.
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2. Pending Appeal Suit, both the parties have entered into a
Joint Memo of Compromise and also executed on 14.09.2023. The Joint
Memo of Compromise is as follows :-
“(i) The appellant has offered to pay Rs./10,36,500/-
(Rupees Ten Lakhs Thirty Six Thousand and Five Hundred
only) as per the calculation memo attached herewith, in full
and final settlement towards the suit claim within a period
of four months from the date of execution of this
compromise memo by way of a demand draft drawn in
favour of the respondent and handover the same to the
respondent.
(ii) The respondent has agreed to receive the said
amount from the appellant in full and final settlement of the
suit claim.
(iii) The appellant and the respondent agreed that on
payment of an on receipt of the said amount of
Rs.10,36,500/- (Rupees Ten Lakhs Thirty Six Thousand and
Five Hundred only) withint a period of four months from the
date of execution of this compromise memo, the decree
dated 20.06.2022 in O.S.No.340 of 2015 on the file of the V
Additional District Judge's Court, Coimbatore will stand set
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aside and the suit will stand dismissed in view of the
aforesaid settlement.
(iv) The appellant and the respondent also agreed
that in any case the appellant does not pay the said amount
within a period of four months from the date of execution of
this compromise memo by way of demand draft drawn in
favour of the respondent, then the judgment and decree
dated 20.06.2022 in O.S.No.340 of 2015 on the file of the V
Additional District Judge's Court, Coimbatore will stand
confirmed and the appeal will stand dismissed, in view of
the aforesaid settlement.
(v) The appellant and the respondent agree that they
would pray this Hon'ble Court to post the above first appeal
after the said period of four months from the date of
execution of this Joint Compromise Memo, for reporting
compliance and consequently pray for passing final order in
the above first appeal and thus render justice”
3. As per the terms and conditions, the appellant paid a sum
of Rs.10,36,500/- (Rupees Ten Lakhs Thirty Six Thousand Five Hundred
only) by way of Demand Draft dated 13.12.2023. After receipt of the
same, the learned counsel appearing for the respondent acknowledged
the same by way of endorsement.
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4. In view of the settlement arrived at between the parties,
the Appeal Suit is allowed. The terms of the Joint Memo of Compromise
dated 14.09.2023 shall form part and parcel of this order. Consequently,
connected miscellaneous petition is closed. No costs.
22.12.2023
Index : Yes / No
Internet : Yes / No
Speaking order /Non-speaking order
Lpp
To
1. The V Additional District Judge,
Coimbatore.
2. The Section Officer,
V.R.Section,
High Court,
Madras.
https://www.mhc.tn.gov.in/judis
G.K.ILANTHIRAIYAN, J.
Lpp
and
22.12.2023
https://www.mhc.tn.gov.in/judis
