Elumalai v. Kullan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2024

CORAM

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP and M.P.No.1 of 2015 Elumalai ... Appellant Vs.

Kullan ... Respondent Prayer : This Second Appeal is filed under Section 100 of Civil Procedure Code, to set aside the judgment and decree, dated 28.01.2013, passed in A.S.No.08 of 2012 on the file of the District Court, Tiruvannamalai confirming the judgment and decree, dated 07.09.2011, in O.S.No26 of 2010 on the file of the Principal Sub Court, Tiruvannamalai. For Appellant : Mr.P.Mani For Respondent : Mr.R.Mohan Page No 1 of 4

JUDGMENT

The Second Appeal has been filed to set aside the Judgment an decree passed by the District Court, Tiruvannamalai in A.S.No.08 of 2012 confirming the judgment and decree, dated 07.09.2011, in O.S.No.26 of 2010 on the file of the Principal Sub Court, Tiruvannamalai.

2. The learned Counsel for the Appellant submitted that a Joint Memo of Compromise has been filed by the Appellant and the Respondent. As per the said Joint Memo of Compromise, the appellant herein paid a sum of Rs.50,000/- to the respondent herein in full and final settlement, the respondent herein received the said amount from the appellant in full satisfaction of the decree passed in O.S.No.112 of 2004 on the file of the Principal Sub Court, Tiruvannamalai.

Page No 2 of 4

3. This Court recorded the said Joint Memo of Compromise and in full satisfaction of the decree passed in O.S.No.112 of 2004 on the file of the Principal Sub Court, Tiruvannamalai. This Second Appeal is dismissed as settled out of Court. The entire Court fee to be refunded to the Appellant in the Second Appeal. Consequently, connected miscellaneous petition is closed. No order as to costs.

10.07.2024 gvn Index:Yes/No Speaking Order :Yes/No Page No 3 of 4

SATHI KUMAR SUKUMARA KURUP, J gvn To 1.The District Judge, Tiruvannamalai.

2.The Principal Sub Judge, Tiruvannamalai.

and M.P.No.1 of 2015 10.07.2024 Page No 4 of 4