Madras High CourtSA/900/2019disposed of in memo of compromise

A.S.Madhivanan v. Sumathi

2020-02-19Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM S.A.No.900 of 2019 and C.M.P.No.19152 of 2019 A.S.Madhivanan .. Appellant/Plaintiff

Versus

Sumathi .. Respondent/Defendant Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree passed by the learned XVIII Additional City Civil Court, Chennai dated 26.02.2019 in A.S.No.378 of 2018 confirming the judgment and decree dated 23.07.2018 made in O.S.No.816 of 2016 on the file of the learned XIV Assistant City Civil Court, Chennai. For Appellant : M/s.M.Saravanakumar For Respondent : Mr.Om Sairam

JUDGMENT

The learned counsel for the appellant as well as the learned counsel for the respondent would submit that the dispute between the parties have been amicably settled before the Tamil Nadu, Mediation and Conciliation Centre, High Court, Madras. The Mediation Centre has sent report dated 07.02.2020, enclosing the compromise memo signed by both the parties and their respective counsels. The terms of the compromise reads as follows:

"It is mutually arrived and agreed by both the parties that a sum of Rs.2,00,000/- (Rupees Two lakhs only) as full and final settlement of the borrowed amount by the appellant. As on today 07.02.2020, the appellant is now paying an initial payment Rs.50,000/- (Rupees fifty thousand only) to the respondent herein as per compromise. The remaining Rs.1,50,000/- will be paid or settled on or before 30.06.2020 by the appellant to the respondent. It is full and final settlement and that there will no further or future claims by the respondent with regard to decree and judgment dated 23.07.2018 in O.S.No.816 of 2016 on the file of the XIV Assistant City Civil Court, Chennai."

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2. In view of the above, the Second Appeal is disposed of in terms of the joint memo of compromise dated 07.02.2020, which shall form part of the decree. No costs. Consequently, connected petition is closed. Registry is directed to refund the Court fees as per Rules.

*Copy of the Compromise Memo Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar pvs To

1. The XVIII Additional City Civil Court, Chennai

2. The XIV Assistant City Civil Court, Chennai Copy To The Section Officer, VR Section, High Court, Madras.

+1cc to Mr.M.Saravanakumar, Advocate SR.No.15253 +1cc to Mr.Om Sairam, Advocate SR.No.14618 S.A.No.900 of 2019 PA(CO) GMY(11/05/2021) https://hcservices.ecourts.gov.in/hcservices/