S.P. Purushothaman v. Lakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2024

CORAM

THE HONOURABLE MR. JUSTICE P.B.BALAJI and CMP. No.9820 of 2020 1.S.P.Purushothaman 2.P.Elango ...Appellants Vs.

1.Lakshmi 2.S.P.Loganathan 3.The Junior Engineer, TNEB, Walaja Circle, Walaja

...Respondents

PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure to set aside the Judgment and Decree dated 20.02.2020 passed by the learned II Additional District Judge, Vellore @ Ranipet in A.S. No.21 of 2017 reversing the Judgment and Decree passed by the learned Subordinate Judge, Ranipet in O.S. No.122 of 2010 dated 05.04.2017. For Appellants :Mr.P.Mohanraj For Respondents : Mr.S.Thirumavalavan for R1 Mrs.J.Hemalatha Gajapathy for R3 1/4

JUDGMENT

When the matter was listed on 05.03.2024, it was represented before this Court that the matter was settled between the parties amicably and joint compromise memo to this effect filed on that date. This Court after taking the joint compromise memo on file, directed the Registry to post the matter on 22.04.2024 under the caption 'for reporting compliance'. However, instead of typing the said order as final judgment, the same has been inadvertently typed as an interim order. Hence, at the learned counsel for both sides, the matter is listed today under the caption 'for being mentioned'.

2. According to the learned counsel for the Appellants, the Second Appeal has been amicably settled and nothing remains, except for compliance of the order. Therefore, the order passed on 05.03.2024, may be final orders in the Second Appeal.

3. After hearing both sides, this Court passes the following order: (i) Order dated 05.03.2024, shall be treated as final Judgment; (ii) The Joint Compromise Memo dated 05.03.2024 is taken on record and the same shall form part of the judgment. Accordingly, this Second 2/4

Appeal is allowed in terms of the said Joint Compromise Memo. Consequently, connected Miscellaneous Petition is closed. No costs. 12.03.2024 Index : Yes/No Internet : Yes/No rkp Note: Registry is directed to issue a fresh judgment and decree to the parties concerned after incorporating the necessary corrections.

To 1.The II Additional District Judge, Vellore @ Ranipet. 2.The Subordinate Judge, Ranipet P.B.BALAJI, J, rkp 3/4

and CMP. No.9820 of 2020 12.03.2024 4/4