Madras High Court
V.Lakshmi vs G.Arunachalam on 5 September, 2024
Author: B.Pugalendhi
Bench: B.Pugalendhi
S.A.(MD)No.342 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.09.2024
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
S.A.(MD)No.342 of 2024 and
CMP(MD) No.7848 of 2024
V.Lakshmi Appellant
Vs
1.G.Arunachalam
2.P.Vadamalai Respondents
PRAYER :- Second Appeal filed under Section 100 of Code of
Civil Procedure, as against the judgment and decree of the II
Additional District and Sessions Judge, Thanjavur, dated 22.03.2021
passed in A.S.No.37 of 2018, confirming the decree and judgment of
the Additional Sub Judge, Thanjavur, dated 21.03.2018, passed in
O.S.No.49 of 2014.
For Appellant : Mr.S.Jayachandran
For R1 : Mr.M.P.Senthil
1/6
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S.A.(MD)No.342 of 2024
JUDGMENT
This second appeal is filed as against the concurrent
findings of the Courts below.
2.The first defendant in O.S.No.49 of 2014 is the
appellant herein. The above suit has been filed by the plaintiff/the
first respondent herein, as against the appellant and her husband for
a relief of recovery of money. The plaintiff is a Mazon, who is said
to have constructed a house for the appellant and the second
defendant in the year 2012, for which, the amount has not been
settled by them. Therefore, the first respondent/plaintiff has filed the
above suit for recovery of money and the same was decreed in
favour of the plaintiff by the Sub Court Thanjavur, by its judgment
and decree, dated 21.03.2018. Challenging the same, the first
defendant has filed an appeal before the II Additional District and
Sessions Court, Thanjavur in A.S.No.37 of 2018 and it was
dismissed by the first Appellate Court by its Judgment and decree,
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dated 22.03.2021. Pending the appeal, it appears that the second
defendant, the husband of the appellant died and therefore, this
second appeal is filed by the wife of the second defendant.
3.Considering the issue in this Second Appeal, this
Court, by order, dated 11.07.2024 referred the matter to the
Mediation Centre attached to this Court. In the mediation, the
appellant has settled the dues to the plaintiff, thereby, the issue
between the parties have been amicably settled. The mediation report
along with the settlement arrived between the parties is placed
before this Court. As per the settlement agreement, dated
23.08.2024, the following settlement has been arrived between the
parties:-
6. The following settlement has been arrived between
the parties hereto:
a) Both the parties agreed for an amicable
settlement.
b) The Appellant agreed to pay a sum of Rs.
2,20,000/-(Rupees Two Lakhs Twenty
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Thousand only) and paying the amount.
c) The respondent received the amount and
acknowledged the same.
d) There is no further claims between the parties.
e) On the terms of the above compromise the
appeal may be disposed.
7. By signing this Agreement, the Parties hereto state
that they have no further claims or demands against
each other with respect S.A.(MD)No.342 of 2024 and
all disputes and differences in this regard that have
been amicably settled by the Parties hereto through the
process of Mediation.”
4.Recording the settlement arrived between the parties
through Mediation, this Second Appeal is closed. No costs.
05.09.2024
NCC : Yes/No
Index : Yes/No
vrn
Note: Issue order copy on 09.09.2024
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To
1.The II Additional District and Sessions Judge, Thanjavur.
2.The Additional Sub Judge, Thanjavur.
3.The Section Officer,
Madurai Bench of Madras High Court,
Madurai.
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B.PUGALENDHI, J.
vrn
Judgment made in
S.A.(MD)No.342 of 2024 and
05.09.2024
https://www.mhc.tn.gov.in/judis
