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Madras High CourtAS/434/2022disposed of

T.Loganathan v. V.N.Arumugam

2023-08-18Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI A.S. No.434 of 2022 and C.M.P. No. 15720 of 2022

1. T.Loganathan, S/o. T.Annamalai Reddy

2. Malliga, W/o. T.Loganathan .. Appellants Vs V.N.Arumugam, S/o. V.P.Natesa Reddy ... Respondent Prayer:- First Appeal has been filed under Order 41 Rule 1 read with 96 of C.P.C., to set aside the judgement and decree dated 15.11.2019 made in O.S.No.40 of 2014 on the file of learned I Addl. District Judge, Thiruvallur. For Appellants :

Mr.P.Dinesh Kumar For Respondent :

Mr. A.R.Suresh 1\4

JUDGEMENT Today, when the matter taken up for hearing, the learned counsel appearing for the appellants and respondent appeared and submitted that before the District Mediation Centre, Tiruvallur, both the parties along with their counsels appeared and the matter was amicably settled between the parties. Accordingly, they have entered into a compromise and a settlement agreement was also executed between them. Based on the said agreement, the appellants have paid a sum of Rs.12,50,000/- to the respondent as full and final settlement towards satisfaction of the decree passed in O.S.No.40 of 2014 on the file of Addl. District Judge No.1, Tiruvallur on 27.07.2023. In the said circumstances, they prayed to dispose the appeal.

2. As the appellants have paid entire amount as per the terms and conditions agreed between them along with the settlement agreement executed by them, the order of attachment passed by the Executing Court in E.P.No. 207 of 2021 is ordered to be raised. Furthermore, since the matter is settled out of court, the entire court fee is ordered to be refunded to the appellant by the Registry within a period of three weeks from the date of receipt of copy of this order. Accordingly, based on the terms and conditions entered between the parties by way of settlement agreement, this Appeal 2\4

Suit is dispose of. Settlement Agreement along with terms and conditions entered by both the parties is recorded. No costs. Consequently, the connected Civil Miscellaneous Petition is closed. The Settlement Agreement along with terms and conditions entered between them shall form part and parcel of the decree.

18.08.2023 rpp To I Addl. District Judge, Thiruvallur.

T.V. THAMILSELVI, J.

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rpp A.S. No.434 of 2022 and C.M.P. No. 15720 of 2022 18.08.2023 4\4