N.Thoppa Gounder vs K.Raji
2024 Latest Caselaw 19893 Mad

Madras High Court

N.Thoppa Gounder vs K.Raji on 22 October, 2024

Author: Sathi Kumar Sukumara Kurup

Bench: Sathi Kumar Sukumara Kurup

                                                                                     A.S.No.338 of 2017

                             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 22.10.2024

                                                       CORAM:

                       The Hon'ble MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                                   A.S.No.338 of 2017

                 1.N.Thoppa Gounder
                 2.T.Kannan
                 3.T.Maragathavel                                       ... Appellants

                                                          -Vs-
                 K.Raji                                                 ... Respondent

                 Prayer:- Appeal Suit is filed under Section 96 r/w. Order 41, Rule 1 of Civil
                 Procedure Code against the judgment and decree dated 16.08.2016 passed in
                 O.S.No.243 of 2013 by the learned II Additional District and Sessions Judge,
                 Salem.

                                  For Appellants     : Mr.M.R.Jothimanian
                                  For Respondent     : Mr.Arul Murugan
                                                       for Mr.M.Murali


                                                     JUDGMENT

This Appeal had been preferred by the Defendants in O.S.No.243

of 2013 on the file of the learned II Additional District and Sessions Judge,

Salem, seeking to set aside the judgment and decree dated 16.08.2016 passed

in O.S.No.243 of 2013.

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

2. The suit was filed by the Respondent in this Appeal as

Plaintiff seeking specific performance of contract. After full trial, the learned

II Additional District and Sessions Judge, Salem by judgment dated

16.08.2016 had decreed the suit directing the Defendants to return the amount

of Rs.15,00,000/- (Rupees Fifteen Lakhs only) along with interest and costs.

Aggrieved by the same, the Defendants had preferred this Appeal in

A.S.No.338 of 2017.

3. Pending appeal, the Appellants and the Respondent had

arrived at an amicable settlement whereby both the parties agreed for

Rs.10,00,000/- (Rupees Ten Lakhs only) instead of Rs.15,00,000/- (Rupees

Fifteen Lakhs only) ordered by the trial Court as the Plaintiff in the

suit/Respondent herein had already cut and removed the trees before filing the

suit. Therefore, compensation for the same had been reduced voluntarily by

the Plaintiff/Respondent in the Appeal. Therefore, instead of Rs.15,00,000/-

(Rupees Fifteen Lakhs only) ordered by the learned II Additional District

Judge, Salem, as per judgment dated 16.08.2016 the Defendant had paid

Rs.9,00,000/- (Rupees Nine Lakhs only) to the Plaintiff in open Court today

by way of Demand Draft in the presence of learned Counsel on both sides and

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

stated that Rs.1,00,000/- (Rupees One Lakh only) has already been paid.

They had also filed memo of compromise regarding the same.

4. Recording the memo of compromise, this Appeal Suit is

disposed of as settled out of Court. The Appellant is entitled to refund of

Court fee, less commission. The memo of compromise shall form part of the

decree. There shall be no order as to costs.

22.10.2024

srm Index : Yes/No Speaking/Non-speaking order

To

1.The II Additional District and Sessions Judge, Salem.

2.The Section Officer, Vernacular Records, Madras High Court.

SATHI KUMAR SUKUMARA KURUP, J.,

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

SRM

22.10.2024

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