A.M. Periakaruppan v. A. Louis Daniel
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:09.10.2025
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR and C.M.P.No.3582 of 2025 1.A.M. Periakaruppan 2.V.Murugesan .. Appellants Vs.
1.A. Louis Daniel 2.Pakkiam 3.A.Selvarani 4.M.P.Srinivasan .. Respondents PRAYER: First Appeal is filed under Section 96 of Civil Procedure Code read with Order XXXXI Rule 1 and 2 of the C.P.C., praying to set aside the Decree and Judgment dated 02.02.2024 in O.S.No.6190 of 2021 on the file of II Additional Judge, City Civil Court, Chennai. For Appellants : Mr.T.V.Sekar For R1 : Mr.A.Muthukumar 1/5
JUDGMENT
Mr.A. Louis Daniel, as plaintiff, instituted a suit for recovery of money as against five defendants. The suit was originally filed before the Original Side of the Hon'ble Madras High Court and was numbered as C.S.No.708 of 2015. Subsequently, due to enhancement of pecuniary jurisdiction of the City Civil Court, the suit was transferred to the City Civil Court, Chennai.
2.
On transfer, the suit was renumbered as C.S.No.6190 of 2021 and was tried by the II Additional City Civil Court, Chennai. By a final decree dated 02.02.2024, the Court directed the defendants 1 and 5 jointly and severally to pay the plaintiff for a sum of Rs.25,86,750/- along with interest at the rate of 12% per annum from the date of the plaint till the date of realization, together with costs. The suit as against defendants 2 to 4 was dismissed.
3.
Being aggrieved by the judgment and decree, defendants 1 and 5 have preferred an appeal in A.S.No.168 of 2025 before this Court. 4.
During the pendency of the appeal, the parties arrived at an amicable settlement and a Joint Memorandum of Compromise, duly signed by all parties, was filed before this Court, reporting that the matter 2/5
has been settled out of Court.
5.
From the Joint Memorandum of Compromise, this Court finds that the plaintiff, who is the 1st respondent in this appeal, has received a sum of Rs.10,00,000/- by way of demand draft with full quit and satisfaction with the decree amount.
6.
In view of the compromise entered into between the parties, this Appeal is disposed of as settled out of Court. The terms of the compromise shall form part of the decree. Consequently, the connected Civil Miscellaneous Petition stands closed. There shall be no order as to costs.
7.
The Registry is directed to consider the memorandum for refund of court fees, if any, and pass appropriate orders in accordance with law.
[Dr.G.J., J.] & [M.S.K., J.] 09.10.2025 Index : Yes/No Internet : Yes/No rpl To The II Additional Judge, City Civil Court, Chennai. 3/5
Dr.G.JAYACHANDRAN., J.
and MUMMINENI SUDHEER KUMAR., J.
4/5
09.10.2025 5/5