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Madras High CourtAS/428/2021disposed of

Arumugam v. Rajendran

2023-06-20Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2023

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI A.S. No.428 of 2021 and C.M.P. No. 18370 of 2021 Arumugam .. Appellant Vs Rajendran ... 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 20.04.2018 passed in O.S.No.168 of 2015 on the file of III Addl. District Court, Salem. For Appellant :

Mr.R.Nalliyappan For Respondent :

Mr.T.Dharani 1\4

JUDGEMENT Today, when the matter taken up for hearing, the learned counsel appearing for the appellant and respondent appeared and submitted that as per the terms agreed between the parties before this court, a compromise was arrived. Accordingly, the appellant agreed to pay a sum of Rs.21,00,000/- (Rupees twenty one lakhs only) to the respondent as one time settlement. For that, the appellant needs six months time and to that effect, he filed an affidavit.

2. The affidavit filed by the appellant is recorded. Accordingly, this Appeal Suit is disposed of as settled out of court agreeing to settle an amount of Rs.21,00,000/- (Rupees twenty one lakhs only) to the respondent within a period of six months from the date of receipt of copy of this order. If the appellant fails to pay the said amount within six months, the respondent is entitled to execute the order directly through Executing Court. Furthermore, since the matter is settled out of court, Registry is directed to refund the court fee to the appellant after settling the amount and on compliance of the terms of compromise, the original settlement deed Ex.B4 is ordered to be returned to the appellant by giving due notice to the 2\4

respondent on substituing the certified copy to that of. No costs. Consequently, the connected Civil Miscellaneous Petition is closed. The affidavit filed by the appellant shall be form part and parcel of the order. 20.06.2023 rpp To III Addl. District Judge, Salem.

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T.V. THAMILSELVI, J.

rpp A.S. No.428 of 2021 and C.M.P. No. 18370 of 2021 20.06.2023 4\4