M.Devaraji vs A.Govindaraji
2024 Latest Caselaw 14905 Mad

Madras High Court

M.Devaraji vs A.Govindaraji on 1 August, 2024

                                                                                    S.A.Nos.663 to 665 of 2013

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 01.08.2024

                                                             CORAM

                            HONOURABLE MR. JUSTICE SATHI KUMAR SUKUMARA

                                                             KURUP

                                                   S.A.Nos.663 to 665 of 2013
                                                             and
                                                    M.P.Nos.1, 1 & 1 of 2013

                     M.Devaraji                    ...Appellant in all S.As


                                                                Vs.


                     1. A.Govindaraji                   ...Respondent in all S.As

                     2. R.Umapathy                      ...Respondent in S.A.No.664/2013

                     PRAYER: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure, to set aside the Judgment and Decree dated 05.10.2012 in
                     A.S.Nos.17 to 19 of 2010 on the file of the learned Subordinate Judge,
                     Tirupattur, Vellore District thereby reversing the well-considered Judgment
                     and Decree dated 16.02.2010 in O.S.Nos.321, 292 & 287 of 2005 on the file
                     of the learned District Munsif, Tirupattur, Vellore District.

                                  For Appellants    : Mr.K.Selvaraj

                                  For Respondents : Mrs.S.S.Meenakumary

                     1/4

https://www.mhc.tn.gov.in/judis
                                                                                   S.A.Nos.663 to 665 of 2013




                                                           JUDGMENT

This Second Appeal has been filed to set aside the Judgment and

Decree dated 05.10.2012 in A.S.Nos.17 to 19 of 2010 on the file of the

learned Subordinate Judge, Tirupattur, Vellore District thereby reversing the

well-considered Judgment and Decree dated 16.02.2010 in O.S.Nos.321,

292 & 287 of 2005 on the file of the learned District Munsif, Tirupattur,

Vellore District.

2. The learned Counsel for the Appellant and the learned Counsel for

the Respondents filed joint memo of compromise reporting that the subject

matter of the Second Appeal had been settled amicably between the parties

before this Court through payment by way of cash Rs.1,05,000/-. The joint

memo of compromise filed by the learned Counsel for the Appellant and the

Respondents jointly is recorded. The joint memo of compromise dated

01.08.2024 shall form part of this order.

3. In view of the submission of the learned Counsel for the Appellant

https://www.mhc.tn.gov.in/judis S.A.Nos.663 to 665 of 2013

and in view of the joint memo recorded, the Second Appeal is dismissed as

settled out of Court. The Appellant is entitled to refund of the Court-fee.

The Respondents shall withdraw the amount deposited by the Appellant on

the file of the learned Principal District Munsif, Tirupattur vide Receipts

Nos.265969, 265968, 265970 (total amount of Rs.45,000/-) along with

accrued interest. No costs. Consequently, connected miscellaneous petitions

are closed.

                                                                                       01.08.2024



                     Index : Yes/No
                     Internet    : Yes/No
                     srm

Note: Issue Order copy on 02.08.2024

To

1. The Subordinate Judge, Tirupattur, Vellore.

2. The District Munsif, Tirupattur, Vellore.

https://www.mhc.tn.gov.in/judis S.A.Nos.663 to 665 of 2013

SATHI KUMAR SUKUMARA KURUP.J.,

srm

S.A.Nos.663 to 665 of 2013 and M.P.Nos.1, 1 & 1 of 2013

01.08.2024

https://www.mhc.tn.gov.in/judis