M/S.Amaravathi Finance And Investments v. S.K.Suresh Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL M/s.Amaravathi Finance and Investments, By its Proprietor, Mr.Radhakrishnan, S/o.K.K.Raman, No.30, Kutchery Road, Mylapore, Chennai - 600 004.

...Appellant/Plaintiff -VsMr.S.K.Suresh Kumar

...Respondent

PRAYER Appeal Suit filed under Section 96 r/w Order XLI Rule 1 of CPC, against the judgment and decree made in O.S.No.98 of 2017 on the file of the learned XVI Additional Judge, City Civil Court, Chennai, dated 04.06.2019.

For Appellant : Mr.B.Dinesh Kumar For Respondent : Mr.S.J.Nakkheeran for Mr.S.Rajendrakumar

J U D G M E N T

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Mr.B.Dinesh Kumar, learned counsel appearing for the appellant and Mr.S.J.Nakkheeran, representing Mr.S.Rajendrakumar, learned counsel on record for the sole respondent are before this Court.

2. When the matter is taken up for hearing, learned counsel for the appellant as well as representing counsel for the respondent submitted that the matter has been settled out of Court between the parties and they have filed a Joint Memo of Compromise dated August 1, 2025 filed on August 14, 2025 to that effect.

3. For better appreciation and understanding, the relevant portion of the Joint Memo of Compromise, is extracted hereunder: "1. The aforementioned Appeal has been instituted against the Judgment and Decree of the Learned XVI Additional Judge, City Civil Court, Chennai, rendered in O.S.No.98 of 2017 dated 04.06.2019.

2. During the pendency of the Appeal, both the Appellant and the Respondent have resolved to amicably settle their dispute.

3. The Appellant hereby commits to refrain from pursuing their demands pertaining to the suit claim, while the Respondent has resolved not to pursue the Costs awarded by the Trial Court.

4. Both parties affirm that all claims against each 2/4

other have been amicably settled and there are no further claims outstanding between them."

4. The Joint Memo of Compromise dated 01.08.2025 is taken on record by this Court.

5. In view of the Joint Memo of Compromise, this second appeal is dismissed as settled out of Court and the appellant is entitled to refund of Court fee as per the decision of the Hon'ble Supreme Court of India in High Court of Judicature at Madras represented by its Registrar General Vs., M.C.Subramanian and others, 2021 (3) SCC 560. No costs. 14.08.2025 cda Index : Yes/No Speaking/Non-speaking order To 1.The XVI Additional Judge, City Civil Court, Chennai.

2.The Section Officer, VR Section, High Court, Chennai.

R.SAKTHIVEL, J.

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