S.Vasudevan vs S.Ramesh
2024 Latest Caselaw 19185 Mad

Madras High Court

S.Vasudevan vs S.Ramesh on 1 October, 2024

                                                                              S.A.No.1106 of 2014

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 01.10.2024

                                                     CORAM:

                                  THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN


                                           Second Appeal No.1106 of 2014
                                                       and
                                                 M.P.No.1 of 2014

                     1. S.Vasudevan
                     2. K.C.Subramani                                      ... Appellants

                                                   -Versus-

                     S.Ramesh                                              ... Respondent



                     Prayer :- This Second Appeal is filed under Section 100 of Code of Civil

                     Procedure to set aside the judgment and decree dated 05.12.2012 made in

                     A.S.No.36 of 2012 on the file of the Principal District Court, Erode,

                     confirming the judgment and decree dated 30.09.2011, made in O.S.No.11

                     of 2011 on the file of the Sub Court, Sathyamangalam by allowing this

                     Second Appeal.

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                                                                                         S.A.No.1106 of 2014




                                   For Appellants               : Mr.N.Manokaran
                                   For Respondent               : Mr.K.Kamadevan



                                                            JUDGMENT

This Second Appeal has been filed by the appellants to set aside the

judgment and decree dated 05.12.2012, made in A.S.No.36 of 2012 on the

file of the Principal District Court, Erode, confirming the judgment and

decree dated 30.09.2011, made in O.S.No.11 of 2011 on the file of the Sub

Court, Sathyamangalam.

2. Both side counsels are present before this Court.

3. The learned counsel for the appellants/defendants submits that

during pendency of this appeal, both the parties have settled the dispute

amicably and accordingly, the respondent/plaintiff agreed to receive a sum

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of Rs.1,85,000/- as full quit without any interest and costs and the

respondent/plaintiff has also received a sum of Rs.1,85,000/- (Rupees One

Lakh Eighty Five Thousand Only) from the appellants/defendants towards

principal, interest and cost of the suit proceedings.

4. The learned counsels appearing for both sides unanimously

represented that this Second Appeal may be dismissed as settled out of

Court in view of the settlement entered into between the parties.

5. The learned counsel appearing for the appellants/defendants has

produced a Joint Compromise Memo which has been signed by both the

parties and their respective counsel.

6. In view of the submissions made by both side counsel and the

Joint Compromise Memo, this Second Appeal is dismissed as settled out of

Court. Consequently, connected Miscellaneous Petition is closed.

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7. The Joint Compromise Memo filed by the parties today

(01.10.2024), shall form part and parcel of this Judgment.

8. Registry is directed to refund the Court fee to the learned counsel

for the appellants, as per rules and procedures in force.

01.10.2024

Index : Yes / No Speaking Order: Yes/No Neutral Citation: Yes/No

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To

1. The Principal District Court, Erode

2. The Sub Court, Sathyamangalam

3.The Section Officer, VR Section, High Court, Madras.

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M.JOTHIRAMAN,J.

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01.10.2024

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