Madras High CourtSA/1568/2010disposed of

S.Maria Augustin v. Mr.V.Sridharan

2024-08-23Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.08.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI S.A.No.1568 of 2010 and M.P.No.1 of 2007 S.Maria Augustin .. Appellant Vs.

1.V.Sridharan 2.R.Renganayaki .. Respondents PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, prayed against the Judgment and Decree passed in A.S.No.305 of 2006 dated 09.11.2009, on the file of the VI Additional District Judge, City Civil Court, Chennai, reversing the Judgement and decree of the learned XII Assistant Judge, City Civil Court, Chennai made in O.S.No.211 of 1996, dated 07.10.2005.

For Appellant : Mr.M.Muthappan For R1 : No appearance For R2 : Mr.S.V.Vijay Prashanth

J U D G M E N T

The appellant has filed this Second Appeal against the Judgement and Decree passed in A.S.No.305 of 2006 dated 09.11.2009, on the file of the VI Additional District Judge, City Civil Court, Chennai, reversing the Judgement and decree of the learned XII Assistant Judge, City Civil Court, Chennai made in O.S.No.211 of 1996, dated 07.10.2005.

2. Heard, Mr.M.Muthappan, learned counsel for the appellant and Mr.S.V.Vijay Prashanth, learned counsel appearing for the second respondent and perused the materials available on record.

3. When the matter was taken up for hearing today, the appellant and the 2nd respondent appeared before this Court and submitted a Joint Compromise Memo. As of today, the appellant has purchased the property from the 1st respondent and has also entered into a settlement with the 2nd respondent, who had filed the original suit O.S. No. 211 of 1996 against them.

4. According to the Joint Compromise Memo, the appellant paid a sum

of Rs. 45 lakhs to the 2nd respondent as a one-time settlement through RTGS on three occasions: 10.08.2023, 11.08.2023, and 12.08.2024.

5. As of today, the appellant has paid a total sum of Rs. 45 lakhs to the 2nd respondent. The 2nd respondent, who appeared in person and is a retired bank employee, admitted to have received the entire amount through RTGS transactions. The matter between the parties is now settled.

6. Accordingly, this Second Appeal is dismissed as settled out of Court. The Joint Compromise Memo shall form part and parcel of this order. Consequently, the connected miscellaneous petition is closed. No costs. 23.08.2024 rri Index : Yes/No Speaking Order: Yes/No Nutral citation: Yes/No

T.V.THAMILSELVI, J.

rri To

1. The VI Additional District Judge, City Civil Court, Chennai.

2. The XII Assistant Judge, City Civil Court, Chennai. 3.The Section Officer, VR Section, High Court of Madras.

S.A.No.1568 of 2010 and M.P.No.1 of 2007 23.08.2024