M.Eswaramoorthy v. S.Jeyabalan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 15.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR and CMP.No.2673 of 2025 M.Eswaramoorthy ... Appellant

Versus

S.Jeyabalan ... Respondent Prayer: Appeal filed under Section 96 of Code of Civil Procedure, to set aside the judgment and decree dated 18.07.2024 in O.S.No.352 of 2018 on the file of II Additional District and Sessions Court, Tiruppur. For Appellant : Mr.G.Ethirajulu For Respondent : Mr.K.Mylsamy

JUDGMENT

The appellant and the respondent are present and they are identified by their respective counsel. They have produced a joint memo of compromise, wherein, it is agreed between the parties that the appellant shall pay a sum of Rs.12 lakhs to the respondent in full quit in three installments. Today, a sum of Rs.4 lakhs is paid Page 1 / 4

to the respondent by way of demand draft dated 11.04.2025 drawn in favour of Mr.S.Jeyabalan/respondent herein. The remaining Rs.8 lakhs will be paid in two installments, i.e., Rs.4 lakhs on 01.08.2025 and Rs.4 lakhs on 01.12.2025. The said memo of compromise is taken on record.

2. Accordingly, the appeal suit is disposed of in terms of memo of compromise. It is made clear that in the event the amount as agreed is not paid to the respondent, the decree and judgment of the Trial Court in O.S.No.352 of 2018 on the file of II Additional District and Sessions Court, Tiruppur dated 18.07.2024 stands confirmed.

3. Since the matter is settled out of Court between the parties, the Registry is directed to refund the court fees as per rules. No costs. Consequently, connected miscellaneous petition stands closed. 15.04.2025 Index : Yes / No Speaking/non speaking order dhk Page 2 / 4

To,

1. The II Additional District Judge, II Additional District and Sessions Court Tirupur 2.The Section Officer VR Section, Madras High Court N. SATHISH KUMAR, J.

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