Madras High CourtAS/185/2013dismissed as settled out of court

M.P.Subramanian v. A.Kulandairaj

2021-09-24Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

24.09.2021

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA A.S.No.185 of 2013 P.Subramanian ... Appellant/Petitioner Vs.

A.Kulandairaj ... Respondent/Respondent PRAYER: This Appeal Suit is filed under Section 96 of the Code of Civil Procedure to set aside the judgment and decree dated 05.09.2012 made in O.S.No.605 of 2009 on the file of the V Additional District and Sessions Court (Fast Track Court III) Coimbatore.

For Appellant : Mr.Ethirajulu For Respondent : Mr.K.Shivashanmugam

J U D G M E N T

The parties have settled the dispute between them and filed a memo of Settlement. The terms of the memo of settlement are reads as follows:

"It is submitted that a compromise was arrived at between appellant and the respondent by which the respondent shall pay Rs.16 lakhs (Rupees sixteen lakhs only) in full quit of the claim made in the appeal with in the period of six months. Since, the respondent has to mobilize the said agreed amount of Rs.16 lakhs by mortgaging the property to bank/financial institution, the appellant agrees to co-operate and give the respondent's original title deed and other documents which are in his possession to enable the respondent to mortgage his title deeds to pay off the said agreed amount of Rs.16 lakhs." https://hcservices.ecourts.gov.in/hcservices/

The memo of settlement is taken on file. and the decree passed in terms thereof. The terms of this memo shall form part of the decree. The appeal is disposed of in terms of this memo which shall form part of the decree. The appellant is entitled to refund as per procedure. However, there shall be no order as to costs.

*Xerox copy of the Memo of Compromise is enclosed. Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar kal To The V Additional District and Sessions Court (Fast Track Court III), Coimbatore.

Copy to:

1.The Section Officer, V.R.Section, High Court, Madras.

2.The Correspondent, Current Section, High Court, Madras.

+1cc to Mr.G.Ethirajulu, Advocate SR.No.49282 A.S.No.185 of 2013 PPA(CO) CB(22/03/2022) https://hcservices.ecourts.gov.in/hcservices/