← Library
Madras High CourtSA/881/2024disposed of

Naveen Kumar v. Anthonisamy

2025-04-15Honourable Mrs Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-04-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI AND CMP NO. 28107 OF 2024

1. Naveen Kumar S/o.Jayapalan Nainar, Residing at Vadakurumpur Village, Ulundurpet Tk., Kallakurichi Dist.

Appellant(s) Vs

1. ANTHONISAMY S/o.Easuadiyan, Residing at Eraiyur Village, Ulundurpet Tk., Kallakurichi Dist.

Respondent(s) PRAYER To set aside the Judgement and Decree dated 23-03-2023 made in A.S.No.50/2022 on the file of III Additional District Court at Kallakurichi reversing the judgment and decree order made in O.S.No.243/2018 dated 21-092021 on the file of Subordinate Court, Ulundurpet

For Appellant(s):

M/s Venkataswamy Babu For Respondent(s):

R.Surya Prakash JUDGEMENT This second appeal has been filed to set aside the Judgement and Decree dated 23-03-2023 made in A.S.No.50/2022 on the file of III Additional District Court at Kallakurichi reversing the judgment and decree order made in O.S.No.243/2018 dated 21-09-2021 on the file of Subordinate Court, Ulundurpet.

2. When the matter is taken up for hearing, both parties along with their respective counsels appeared before this Court and filed a memo of compromise entered between the appellant and the respondent. The defendant/appellant is inclined to settle the issue by paying Rs.21,00,000/- as one time settlement in favour of the plaintiff/respondent herein within a period of three months from the date of receipt of a copy of this judgement. On such payment, other terms entered between the parties to be followed. On compliance of the terms of the compromise the plaintiff is entitle to get refund of Rs.50,000/- (with accrued interest) as deposited by him in specific performance suit for balance sale

consideration. Accordingly, this Second appeal is disposed of. Terms of the Memo of compromise is forming part of the judgement. No costs. Consequently, pending petition(s), if any, is/are closed. 15-04-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.ANTHONISAMY S/o.Easuadiyan, Residing at Eraiyur Village, Ulundurpet Tk., Kallakurichi Dist.

2. The Sub court, Ulundurpet.

3. The III Additional District Court, Kallakurichi.

4. The Section Officer, V.R. Section, High Court, Madras.

T.V.THAMILSELVI J.

pbl AND CMP NO. 28107 OF 2024 15-04-2025