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Madras High CourtSA/313/2025disposed of

Amsaveni v. Selvam @ Selvakumar

2025-12-17Honourable Mrs.Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-12-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Amsaveni Appellant(s) Vs

1. Selvam @ Selvakumar 2.Sakunthala Respondent(s) PRAYER To set aside the judgment and decree dt. 26.06.2023 Made in AS No.36/2022 on the I Additional District Court, Tindivanam, by partly reversing the Judgment and decree dt. 08.04.2022 in OS No.16/2008, on the Principal Subordinate Court, Tindivanam and to allow above Second appeal. For Appellant(s):

Mr.C.Prabakaran For Respondent(s):

Mr.B.Gurunathan

JUDGMENT

The appellant has filed this Second Appeal against the judgment and decree dt. 26.06.2023 made in AS No.36/2022 on the I Additional District Court, Tindivanam, by partly reversing the Judgment and decree dt. 08.04.2022 in OS No.16/2008, on the file of Principal Subordinate Court, Tindivanam.

2. Heard Mr.C.Prabakaran, learned counsel for the appellant, and Mr.B.Gurunathan, learned counsel appearing for the respondents, and perused the material available on record.

3. Today, when the matter is taken up for hearing, learned counsel for the appellant and the respondents would state that pending this appeal, the appellant and the respondent settled the issue among themselves. The learned counsel for the appellant and the learned counsel for the respondent filed a Memorandum of Compromise dated 15.04.2025 duly signed by the parties and their respective counsel. Hence, the learned counsel appearing for both sides submitted that the second appeal may be disposed of in terms of the Memorandum of Compromise.

4. The said Memorandum of Compromise filed by the parties, dated 15.04.2025 is extracted hereunder:- "It is humbly submitted that the first respondent agrees to pay a sum of Rs.4,00,000/- (Rupees four lakhs only) to the appellant as full and final settlement over the judgment and decree dated 08.04.2022 passed in OS.No.16 of 2008 on the file of Principal Sub Judge, Tindivanam. The time for payment is two months. The appellant also agrees to receive the above amount. It is therefore prayed that this Court may be pleased to record this memo and pass appropriate orders in the interest of justice."

5. The Memorandum of Compromise filed by the parties dated 15.04.2025 is taken on record. Accordingly, this Second Appeal is disposed of in terms of the Memorandum of Compromise filed by the parties. The above Memorandum of Compromise dated 15.04.2025 shall form part of the decree. The decree is directed to be communicated to the Registrar. There shall be no order as to costs. Since the matter is settled out of Court, the cost imposed by the Trial Court is ordered to be set aside.

17-12-2025 pvs Index:Yes/No Speaking/Non-speaking order Internet:Yes

T.V.THAMILSELVI J.

pvs 17-12-2025