Madras High CourtAS/219/2019dismissed as settled out of court

M/S.Sri Angalaparameshwari Textiles v. M/S.Poongothai Textiles

2024-07-29Honourable Mr Justice R. Subramanian,Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL AS No. 219 of 2019 and CMP No.8400 of 2019

1. M/s.Sri Angalaparameshwari Textiles, Rep. by its Partner, G.Manonmani, No.5, R.V.E. Thennampalayam Extensions, Tiruppur.

2. G.Manonmani ... Appellants Vs

1. M/s.Poongothai Textiles, Rep. by its Proprietor, M.Palanisamy, S/o.Murugasamy, No.132, P.Vadugapalayam, Paladam Road West, Paladam, Tiruppur District.

2. D. Srinivasan

3. T.Subramaniam ... Respondent This appeal is filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, to set aside the judgment and decree dated 1/4

24.08.2018 passed in O.S.No.49 of 2013 on the file of the II Additional District and Sessions Judge of Tiruppur.

For Appellant : Mr.V.Nicholas For Respondent : Mr.E.Karthick Raja, for R1 J U D G E M E N T (Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The parties have settled their dispute and a Memorandum of Compromise signed by the parties and their respective counsel has been filed. It is seen from the Memorandum of Compromise that the entire dispute has been amicably settled and the payment have also been made. Both of them would affirm the terms of the compromise.

2. The said memo is recorded and the appeal is disposed of in terms of the memo of compromise. The memo of compromise shall form part of the decree. The judgment of the Hon'ble Supreme Court in High Court of Judicature at Madras Represented by its Registrar General Vs. M.C.Subramaniam and others reported in (2021) 3 SCC 560, there 2/4

will be a direction to re-fund the entire Court fee paid in this appeal to the appellant. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

(R.SUBRAMANIAN, J .) (R.SAKTHIVEL, J.) 29.07.2024 jv Index : No Internet : Yes Non Speaking order To

1. The II Additional District and Sessions Judge, Tiruppur.

2. The Section Officer, V.R. Section, Madras High Court, Chennai 104.

3/4

R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

jv AS No. 219 of 2019 and CMP No.8400 of 2019 29.07.2024 2/2 4/4