S.Bhuvaneswari v. G.Saravanan

THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2024

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.A.(MD).No.207 of 2021 and C.M.P.(MD).No.3001 of 2021 S.Bhuvaneswari ... Appellant /Vs./ G.Saravanan

...Respondent

P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree dated 09.12.2020 passed in A.S.No.53 of 2015 on the file of the Additional District Court, Dindigul, confirming the Judgment and Decree dated 01.08.2015 passed in O.S.No. 257 of 2013 on the file of the Principle Sub Court, Dindigul. For Appellant : Mr.S.C.Heraold Singh For Respondent : Mr.J.Lawrence *****

JUDGMENT

This Second Appeal is filed against the Judgment and Decree, dated 09.12.2020 passed in A.S.No.53 of 2015 on the file of the 1/4

Additional District Court, Dindigul, confirming the Judgment and Decree dated 01.08.2015 passed in O.S.No.257 of 2013 on the file of the Principle Sub Court, Dindigul.

2. Pending this Appeal, by Order of this Court, dated 26.02.2024 this matter was referred to Mediation and Conciliation Centre attached to this Bench for settling the issue between the parties.

3. Accordingly, this matter was referred to the Mediation and Conciliation Centre and the issue was settled between the parties. The settlement is extracted hereunder:

....

"6. The following settlement has been arrived at between the parties. There was an agreement for sale of the property between the parties. Now both have decided to settle their dispute as follows:

1. The agreement for sale shall stand cancelled.

2. The respondent agrees to close the sale agreement for the payment of Rs.6,25,000/-(Six Lakhs Twenty Five Thousand Only) and the Appellant also is ready and willing to pay the said amount of Rs.6,25,000/-(Six Lakhs Twenty Five Thousand Only), within a period of 3 months, that is on or before 14.06.2024. 2/4

3. On receipt of the amount of Rs.6,25,000/-(Six Lakhs Twenty Five Thousand Only) the respondent agrees to hand over the document pertaining to this deal to the Appellant and withdraw the O.S.No.257 of 2013 on the file of the Principal Sub Court, Dindigul.

4. The money shall be handed over in the presence of both side Counsels. "

4. Based on the settlement terms, this Second Appeal is disposed of. The settlement shall be formed part and parcel of this Judgment and Decree. Since this matter is settled before the Mediation Centre, the parties are entitled to refund of Court fee. No Costs. Consequently, connected miscellaneous petition is closed. 20.03.2024 Index : Yes / No NCC : Yes / No KSA TO:

1. The Additional District Court, Dindigul .

2. The Principle Sub Court, Dindigul.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY, J.

KSA Judgment made in S.A.(MD)No.207 of 2021 Dated:

20.03.2024 4/4