Palanisamy v. Appusamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.01.2023

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN and MP.No.1 of 2014

1. Palanisamy

2. Balasubramaniam .. Appellants

Versus

Appusamy .. Respondent PRAYER: First Appeal filed under Order 41 Rule 1 r/w Section 96 of CPC against the judgment and decree dated 18.03.2014 made in O.S.No.729 of 2011 on the file of the II Additional District and Sessions Judge, Tiruppur. For appellants : Mr.V.Anandhamurthy For respondent : Mr.P.Santhosh for Mr.K.Govi Ganesan 1 / 4

J U D G M E N T

(Judgment of the Court was delivered by S.S.SUNDAR, J) This appeal is filed against the judgment and decree in OS.No.729 of 2011 on the file of the II Additional District and Sessions Judge, Tiruppur for recovery of a sum of Rs.25,00,000/- which was paid as advance, pursuant to the sale agreement.

2. It is admitted that the suit was decreed and the defendants have filed the appeal. Now, it is represented before this Court that the parties have amicably settled the issues and a memo dated, 09.01.2023 has been filed before this Court reporting settlement.

3. The learned counsel appearing for the appellants/defendants has sought for permission of this Court to withdraw the appeal and permit the petitioner to get the refund of the amount paid for this appeal.

4. Recording the above submissions and the memo filed by the appellants, the appeal is dismissed as settled out of Court. The appellants are 2 / 4

entitled to get the refund of Court fee, which was paid in the appeal. No costs. Consequently, connected miscellaneous petition is closed. (S.S.S.R.J.) (A.A.N.J.) 09.01.2023 Speaking Order : Yes / No Index : Yes / No pvs To

1. The II Additional District and Sessions Judge, Tiruppur

2. The Section Officer, V.R.Section, High Court, Madras 3 / 4

S.S.SUNDAR , J.

and A.A.NAKKIRAN , J.

pvs 09.01.2023 4 / 4