Madras High CourtAS(MD)/168/2024disposed of

Narayanan v. Ramachanthiran

2026-01-08Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE P.VADAMALAI and C.M.P(MD)No.8508 of 2024 1.Narayanan, S/o.Lakshmanan, Door No,.14/44, Shanmugapuram, Madhavalayam Post, Shenbagaraman Pudhur Village, Thovalai Taluk, Kanyakumari District.

2. Chanthirakumari, W/o.Narayanan, Door No,14/44, Shanmugapuram, Madhavalayam Post, Shenbagaraman Pudhur Village, Thovalai Taluk, Kanyakumari District.

... Appellants/Defendants Vs.

T.Ramachanthiran, S/o.Thangasamy Nadar, Aadaravilai, Ethamozhi Post, Rajakkamangalam Village, Agastheeswaram Taluk, Kanykumari District.

... Respondent/Plaintiff 1/5

PRAYER:- This Appeal is filed under Section 96 of CPC r/w Order 41 Rule 1 of CPC, to set aside the judgment and decree in O.S.No.141 of 2017, dated 10.04.2024 on the file of the Additional District Court (FTC), Nagercoil. For Appellants : Mr.M.Ramu For Respondent : Mr.C.T.Perumal

JUDGMENT

The appellant filed this Appeal Suit to set aside the judgment and decree in O.S.No.141 of 2017, dated 10.04.2024 on the file of the Additional District Court (FTC), Nagercoil.

2. When the matter is taken up for hearing today (08.01.2026), both sides learned counsel submitted that the matter has been amicably settled before the Mediation. The Settlement Agreement has also been received from the Mediation Centre. The appellants as well as the respondent are present before this Court and they are identified by their respective counsel. The identity proof of the parties were also verified. The terms of the settlement agreement were read over and explained to both parties in the presence of their counsel and both parties submitted that the same are correct. Accordingly, the said settlement agreement is recorded.

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3. The appellants have already deposited Rs.1,00,000/- (Rupees One lakh only) in O.S.No.141 of 2017 on the file of the Additional District Court (FTC), Nagercoil. The respondent/plaintiff is permitted to withdraw the said amount of Rs.1,00,000/- (Rupees One lakh only) with accrued interest, if any, from the trial Court. Further, the learned Additional District Judge (FTC), Nagercoil, is directed to return the original sale deed, which was marked as Ex.A2 and Ex.A3 to the appellants/defendants. The Settlement Agreement shall form part of the decree.

4. In view of the above, this Appeal Suit is disposed of as per the terms of the Settlement Agreement. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

5. The Registry is directed to refund the Court fee to the appellants as per the rules in force.

08.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No VSD 3/5

To 1.The Additional District Judge, Nagercoil.

2.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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P.VADAMALAI, J.

VSD JUDGMENT MADE IN and C.M.P(MD)No.8508 of 2024 08.01.2026 5/5