C.Anandan vs R.Dharani Kumar
2023 Latest Caselaw 12936 Mad

                                                                           A.S.No. 1221 of 2015




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 21.09.2023

                                                       CORAM

                              THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

                                                  A.S. No.1221 of 2015
                                                          and
                                                   M.P. No.1 of 2015

                     C.Anandan,
                     S/o. Chandran                                           .. Appellant

                                                      Vs

                     1. R.Dharani Kumar,
                        S/o. M. Ramachandran

                     2. The Official Assisgnee,
                        High Court, Chennai.

                     3. Alwar Ramanujam,
                        S/o. Thiruvenkadam

                     4     D.Augustine,
                           S/o. Dharmaraj                                    ... Respondents

                     Prayer:- First Appeal has been filed under Sec.96 r/w Order 41 Rule 1 of

                     C.P.C., to set aside the judgement and decree in I.A.No.10166 of 2014 in

                     O.S.No. 129 of 2014 dated 06.06.205 on the file of VIII Asst. City Civil

                     Court, Chennai.

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                                                                                A.S.No. 1221 of 2015




                                  For Appellant      :        Mrs. V.Srimathi

                                  For Respondents    :        Mr.C.NB.Muralikrishnan
                                                               for Ms.M.Jayashree for R1

                                                               Mr.N.P.Jayakumar,
                                                               Official Assignee for R2

                                                              R3 – died

                                                              R4 – Exparte/dispensed with


                                                   JUDGEMENT

Today, when the matter taken up for hearing, both the appellant

and 1st respondent along with the counsel appearing for the appellant and

respondents 1 and 2 appeared. The 3rd respondent already died and 4th

respondent remain exparte. Already this matter was referred to mediation

and the report from the Mediation Centre is received. Before the Mediation

and Conciliation Centre of this court, settlement was arrived amicably

between the appellant and 1st respondent and a joint memo of compromise

was filed by them.

2. Perused compromise memo. Both the appellant and 1st

respondent are the contesting parties and both of them have entered into a

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joint memo of compromise, thereby as per the terms of compromise, the

appellant agreed to pay a sum of Rs.12,00,000/- (Rupees twelve lakhs only)

in full and final settlement of all the claims of 1st respondent within a period

of three months of signing of the document. On such payment, the auction

sale conducted by official assignee shall stand cancelled. To that effect, a

joint memo of compromise was filed on behalf of appellant as well as 1st

respondent.

3. In view of the joint memo of compromise entered between the

appellant and 1st respondent, this Appeal Suit is disposed of. The joint

memo of compromise filed by parties is recorded and the same shall form

part and parcel of this judgment. No costs. Consequently, connected

Miscellaneous Petition is closed.

21.09.2023 Index:Yes/No Internet:Yes/no Speaking Order/Non Speaking Order rpp

To VIII Asst. Judge, City Civil Court, Chennai.

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T.V. THAMILSELVI, J.

rpp

A.S. No.1221 of 2015

21.09.2023

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