Asa John Divyanathan vs M.Anil Kumar
2024 Latest Caselaw 17261 Mad

Madras High Court

Asa John Divyanathan vs M.Anil Kumar on 2 September, 2024

Author: T.V.Thamilselvi

Bench: T.V.Thamilselvi

                                                                                     S.A. No. 921 of 2009

                                  IN T7HE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 02.09.2024

                                                            CORAM

                                  THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

                                                       S.A. No.921 of 2009
                                                               and
                                                        M.P.No. 1 of 2009

                     1. Asa John Divyanathan
                     2. Preetha David                                           ... Appellants

                                                               Versus

                     M.Anil Kumar                                               ... Respondent

                     Prayer:- Second Appeal has been filed under Section 100 C.P.C., against

                     the judgment and decree dated 19.06.2008 made in A.S.No. 11 of 2006 on

                     the file of the Addl. District Judge, Salem confirming the judgment and

                     decree dated 17.11.2005 made in O.S.No.557 of 2002 on the file of

                     Principal Subordinate Judge, Salem.

                                      For Appellants           : Mr.D.Ravichander

                                      For Respondent           : Mr.Ramesh Venkatachalapathy



                                                         JUDGEMENT

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

Today, when the matter taken up for hearing, both parties along with

their respective counsels appeared and submitted a memo stating that the

matter was compromised. Accordingly, they wanted to dismiss the above

Second Appeal as not pressed. Furthermore, both the learned counsels

would seek a direction to refund 50% of the amount, which was deposited at

the time of filing of appeal suit.

2. Considering their submissions as well as memo filed by both

parties, this Second Appeal is dismissed as not pressed. The Appellant is

permitted to receive 50% of the amount with accrued interest deposited in

O.S.No.557 of 2002 in pursuant to the interim order passed by the Principal

Subordinate Court, Salem within a period of two weeks from the date of

receipt of copy of this order. The memo filed by the appellants as well as

respondent shall form part and parcel of the decree. No costs. Consequently,

the connected Miscellaneous Petition is closed.

02.09.2024 rpp To Addl. District Judge, Salem.

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

T.V.THAMILSELVI, J.

rpp

02.09.2024

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