S.Vasudevan v. S.Ramesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2024

CORAM:

THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN Second Appeal No.1106 of 2014 and M.P.No.1 of 2014

1. S.Vasudevan

2. K.C.Subramani ... Appellants -VersusS.Ramesh ... Respondent Prayer :- This Second Appeal is filed under Section 100 of Code of Civil Procedure to set aside the judgment and decree dated 05.12.2012 made in A.S.No.36 of 2012 on the file of the Principal District Court, Erode, confirming the judgment and decree dated 30.09.2011, made in O.S.No.11 of 2011 on the file of the Sub Court, Sathyamangalam by allowing this Second Appeal.

For Appellants : Mr.N.Manokaran For Respondent : Mr.K.Kamadevan

JUDGMENT

This Second Appeal has been filed by the appellants to set aside the judgment and decree dated 05.12.2012, made in A.S.No.36 of 2012 on the file of the Principal District Court, Erode, confirming the judgment and decree dated 30.09.2011, made in O.S.No.11 of 2011 on the file of the Sub Court, Sathyamangalam.

2. Both side counsels are present before this Court.

3. The learned counsel for the appellants/defendants submits that during pendency of this appeal, both the parties have settled the dispute amicably and accordingly, the respondent/plaintiff agreed to receive a sum

of Rs.1,85,000/- as full quit without any interest and costs and the respondent/plaintiff has also received a sum of Rs.1,85,000/- (Rupees One Lakh Eighty Five Thousand Only) from the appellants/defendants towards principal, interest and cost of the suit proceedings.

4. The learned counsels appearing for both sides unanimously represented that this Second Appeal may be dismissed as settled out of Court in view of the settlement entered into between the parties.

5. The learned counsel appearing for the appellants/defendants has produced a Joint Compromise Memo which has been signed by both the parties and their respective counsel.

6. In view of the submissions made by both side counsel and the Joint Compromise Memo, this Second Appeal is dismissed as settled out of Court. Consequently, connected Miscellaneous Petition is closed.

7. The Joint Compromise Memo filed by the parties today (01.10.2024), shall form part and parcel of this Judgment.

8. Registry is directed to refund the Court fee to the learned counsel for the appellants, as per rules and procedures in force. 01.10.2024 Index : Yes / No Speaking Order: Yes/No ksa-2

To

1. The Principal District Court, Erode

2. The Sub Court, Sathyamangalam 3.The Section Officer, VR Section, High Court, Madras.

M.JOTHIRAMAN,J.

ksa-2 Second Appeal No.1106 of 2014 01.10.2024