Thangavel v. Logamani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2025 CORAM :

THE HONOURABLE Mr. JUSTICE G.ARUL MURUGAN S.A.(MD)No.19 of 2019 and C.M.P(MD)No.1229 of 2019 Thangavel ... Appellant / Appellant / Plaintiff Vs Logamani ... Respondent / Respondent/ Defendant Prayer : This Second Appeal is filed under Section 100 C.P.C., against the judgment and decree passed in A.S.No.10 of 2015 on the file of the learned Additional District and Sessions Court, Theni at Periyakulam dated 11.09.2017, confirming the judgment and decree passed in O.S.No. 5 of 2006 on the file of learned Sub Court, Uthamapalayam dated 18.04.2015.

For Appellant : Mr.M.P.Senthil For Respondent : Mr.M.Rajesh for Mr.R.Suriyanarayanan 1/4

JUDGMENT

The unsuccessful plaintiff is before this Court on appeal. The Second Appeal is preferred as against the judgment and decree dated 11.09.2017 in A.S.No.10 of 2015 on the file of the Additional District and Sessions Court, Theni, confirming the judgment and decree dated 18.04.2015 in O.S.No.05 of 2006 on the file of the learned Subordinate Court, Uthamapalayam.

2. The appellant herein had originally filed a suit seeking for specific performance based on the sale agreement dated 12.02.2001. The suit came to be dismissed and the appeal filed thereon came to be dismissed. Assailing the concurrent findings, the plaintiff preferred the above appeal.

3. Pending appeal, the parties have amicably sorted out the issues and as per the settlement, the plaintiff / appellant has agreed to receive a sum of Rs.2,50,000/- from the respondent through two Demand Drafts as full and final settlement towards giving up his claim made in respect of the suit property based on the sale agreement. The parties have entered 2/4

into a memorandum of compromise between 16.07.2025 which is signed by the respective parties along with their counsels.

4. In view of the settlement entered into between the parties, the Second Appeal is disposed of, in the terms of the compromise memo dated 16.07.2025. The compromise memo shall form part and parcel of the decree. The appellant, who is present in Court has received the two Demand Drafts handed over by the respondent. The same is recorded. However, there shall be no orders as to costs. Consequently, connected miscellaneous petitions are closed.

16.07.2025 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn To

1. The Additional District and Sessions Judge, Theni at Periyakulam.

2. The Subordinate Judge, Uthamapalayam.

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

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G.ARUL MURUGAN, J.

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