K.J.Jose vs /
2025 Latest Caselaw 8464 Mad

Madras High Court

K.J.Jose vs / on 7 November, 2025

Author: G.Jayachandran

Bench: G.Jayachandran

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        Dated:07.11.2025

                                                              Coram::

                                  THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

                                                    A.S.No.63 of 2023
                                                          and
                                                  C.M.P.No.3450 of 2023

                     K.J.Jose, M/Age 40 years,
                     S/o K.P.Joseph,
                     No.30-C, Periyathottam Colony,
                     4th Street, Veerakeralam,
                     Coimbatore 641 007.                            ..Appellant/Defendant

                                                               /versus/

                     T.R.Palanisamy,M/Age 57 years,
                     S/o Late Ramasamy Goundar,
                     No.69, Chinnathambi Goundar Street,
                     Siruvani Main Road,
                     Pooluvapatti Village, Coimbatore.   ..Respondent/Plaintiff

                            Appeal Suit has been filed under Section 96 of C.P.C., to set aside the
                     decree and judgment dated 06.08.2019 in O.S.No.414 of 2016 on the file of
                     the 1st Additional District Judge of Coimbatore by allowing this appeal pay
                     the earnest money not maintainable.

                                     For Appellant         :No appearance

                                     For Respondent        :Mr.N.Krishnakumar for
                                                            M/s Sarvabhauman Asst.

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                                                               JUDGMENT

                                  This Court, by an order dated 28.07.2025, referred the matter to the

                     Mediation Centre, Coimbatore, to explore the possibility of settlement. On

                     13.08.2025, the parties appeared before the Mediation Centre, Coimbatore

                     and arrived at a settlement before the District Mediation Centre, Coimbatore.

                     The Report of the Mediator has been received. The terms of the settlement

                     reads as below:

                                                “A.The respondent/plaintiff agreed to receive
                                        from the appellant a sum of Rs.16.50 lakhs in full and
                                        final quit. Out of which, the appellant has paid a sum
                                        of Rs.5.00 lakhs on September 2024 by Demand
                                        Draft; a sum of Rs.5.00 lakhs by cash on 24.10.2024; a
                                        sum of Rs.2.00 lakhs by cash on 3.12.2024; a sum of
                                        Rs.2.00 lakhs by cash on 24.01.2025 and the balance
                                        amount of Rs. 2.50 lakhs today by cash i.e. on
                                        13.08.2025 (Rupees sixteen lakhs fifty thousand only),
                                        In total.
                                                B.Thus, the respondent acknowledges the
                                        receipt of the entire agreed sum of Rs.16.50 lakhs
                                        from the appellant.
                                                C.The appellant and the respondent are entitled

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                                        to the refund as the Court fee paid by them
                                        respectively and also the respondent/plaintiff is
                                        entitled to the refund of excess court fee paid by him.”


                                  2. Recording the above terms of the settlement, this Appeal Suit is

                     dismissed as settled out of Court. The appellant shall be refunded the Court

                     fee, as per Law. Consequently, connected Miscellaneous Petition is closed.

                     No order as to costs.



                                                                                                   07.11.2025

                     ari
                     Index:yes/no
                     Internet:yes
                     Speaking order/Non speaking order
                     Neutral citation:yes/no

                     To

                     1st Additional District Judge of Coimbatore




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                                                                      Dr.G.JAYACHANDRAN,J.

ari

and

07.11.2025

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