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Madras High CourtSA/921/2021disposed of in memo of compromise

S. Ashok Kumar v. D.M. Kasinathan

2024-10-29Honourable Mr.Justice R.Sakthivel6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.10.2024

CORAM:

THE HONOURABLE MR. JUSTICE R. SAKTHIVEL S.A. No. 921 of 2021 and CMP. No. 17435 of 2021 --- 1.S.Ashok Kumar 2.K.M. Arumugam ...Appellants/Appellants/Plaintiffs

Versus

D.M. Kasinathan

...Respondent/Respondent/Defendant

Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, praying to set aside the judgment and decree made in A.S.No. 52 of 2018 on the file of the Additional District Judge, Krishnagiri, dated 06.07.2019 confirming the judgment and decree made in O.S.No. 195 of 2017 on the file of the Principal Sub-Judge, Krishnagiri, dated 19.11.2018.

Page No.1-6

For Appellant :

Mr.T. Panchatsaram For Respondent :

M/s. Ramapriya Gopalakrishnan ----

JUDGMENT

Mr.T.Panchatsaram, learned counsel for the appellants and M/s.Ramapriya Gopalakrishnan, learned counsel for the respondent are before this Court.

2. The appellants, namely, Mr.S. Ashok Kumar, K.M. Arumugam and the respondent, namely, Mr.D.M. Kasinathan are before this Court.

3. Both sides filed a Joint Memorandum of Compromise, dated 29.10.2024 signed by both the parties with their respective counsels. Contents of the Joint Memorandum of Compromise has been read over and explained to both the parties. Both the parties agreed the contents of the Joint Memorandum of Compromise. Hence, the Joint Memorandum of Compromise is recorded. A scanned reproduction of the same is as follows:- Page No.2-6

Page No.3-6

Page No.4-6

4. The Joint Memorandum of Compromise dated 29.10.2024 shall form part of this judgment. In view of the Joint Memorandum of Compromise, this Second Appeal is disposed of. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

5. The appellants/plaintiffs are entitled to refund of the Court Fee paid by them in the appeal in view of the Hon'ble Supreme Court Judgment in High Court of Judicature at Madras, represented by its Registrar General v. M.C.Subramaniam and Others, reported in (2021) 3 SCC 560.

29.10.2024 MSM Page No.5-6

R. SAKTHIVEL, J MSM 29.10.2024 Page No.6-6