Madras High CourtAS/1221/2015disposed of

C. Anandan v. R. Dharani Kumar

2023-09-21Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI A.S. No.1221 of 2015 and M.P. No.1 of 2015 C.Anandan, S/o. Chandran .. Appellant Vs

1. R.Dharani Kumar, S/o. M. Ramachandran

2. The Official Assisgnee, High Court, Chennai.

3. Alwar Ramanujam, S/o. Thiruvenkadam 4 D.Augustine, S/o. Dharmaraj ... Respondents Prayer:- First Appeal has been filed under Sec.96 r/w Order 41 Rule 1 of C.P.C., to set aside the judgement and decree in I.A.No.10166 of 2014 in O.S.No. 129 of 2014 dated 06.06.205 on the file of VIII Asst. City Civil Court, Chennai.

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For Appellant :

Mrs. V.Srimathi For Respondents :

Mr.C.NB.Muralikrishnan for Ms.M.Jayashree for R1 Mr.N.P.Jayakumar, Official Assignee for R2 R3 - died R4 - Exparte/dispensed with JUDGEMENT Today, when the matter taken up for hearing, both the appellant and 1st respondent along with the counsel appearing for the appellant and respondents 1 and 2 appeared. The 3rd respondent already died and 4th respondent remain exparte. Already this matter was referred to mediation and the report from the Mediation Centre is received. Before the Mediation and Conciliation Centre of this court, settlement was arrived amicably between the appellant and 1st respondent and a joint memo of compromise was filed by them.

2. Perused compromise memo. Both the appellant and 1st respondent are the contesting parties and both of them have entered into a 2\4

joint memo of compromise, thereby as per the terms of compromise, the appellant agreed to pay a sum of Rs.12,00,000/- (Rupees twelve lakhs only) in full and final settlement of all the claims of 1st respondent within a period of three months of signing of the document. On such payment, the auction sale conducted by official assignee shall stand cancelled. To that effect, a joint memo of compromise was filed on behalf of appellant as well as 1st respondent.

3. In view of the joint memo of compromise entered between the appellant and 1st respondent, this Appeal Suit is disposed of. The joint memo of compromise filed by parties is recorded and the same shall form part and parcel of this judgment. No costs. Consequently, connected Miscellaneous Petition is closed.

21.09.2023 Index:Yes/No Internet:Yes/no Speaking Order/Non Speaking Order rpp To VIII Asst. Judge, City Civil Court, Chennai.

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T.V. THAMILSELVI, J.

rpp A.S. No.1221 of 2015 21.09.2023 4\4