C.Subburayalu, v. C.Subburaj, (Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.VADAMALAI C.Subburayalu ... Appellant/Defendant Vs.

C.Subburaj (Died) 1.Kalarani 2.Gomathi 3.Rathika ... Respondents/Plaintiffs PRAYER :- This Second Appeal is filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree in A.S.No.14 of 2014 on the file of the I Additional District Court, Tuticorin, dated 16.09.2019, which confirmed the judgment and decree, dated 25.03.2014 passed in O.S.No.48 of 2000 on the file of the Sub Court, Kovilpatti.

For Appellant : Mr.B.Rajesh Saravanan Respondents : Mr.V.Shathurthi Raja 1/5

JUDGMENT

The appellant filed this Second Appeal to set aside the judgment and decree in A.S.No.14 of 2014 on the file of the I Additional District Court, Tuticorin, dated 16.09.2019, confirming the judgment and decree, dated 25.03.2014 passed in O.S.No.48 of 2000 on the file of the Sub Court, Kovilpatti.

2. When the matter is taken up for hearing today (22.10.2025), 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 appellant as well as the respondents 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.

3. In view of the above, this Second Appeal is disposed of as per the terms of the Mediation Settlement Agreement.

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4. The appellant has already deposited Rs.1,85,800/- (Rupees One lakh eighty five thousand and eight hundred only) before the trial Court. The respondents are permitted to withdraw the said amount of Rs.1,85,800/- (Rupees One lakh eighty five thousand and eight hundred only) with accrued interest, if any, from the trial Court. The Mediation Settlement Agreement shall form part of the decree. No costs.

22.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No VSD To 1.The I Additional District Court, Tuticorin.

2.The Sub Court, Kovilpatti.

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

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P.VADAMALAI, J.

VSD JUDGMENT MADE IN 4/5

22.10.2025 5/5