Duriraj, S/O. K.N.Venkidasamy, v. Pethanan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Durairaj ..2nd Defendant/Appellant Vs.

1.Pethanan 2.Daniel Rajkumar

...Respondents

PRAYER: This Appeal Suit is filed under Section 96 of the Civil Procedure Code read with Order XLI Rule 1 of C.P.C., 1908 to set aside the judgment and decree dated 11.10.2017 made in O.S.No.163 of 2008 on the file of the I additional District Judge, Madurai and thereby allow the above appeal and dismiss the suit. For Appellants : Ms.J.Anandhavalli for Mr.R.Thiagarajan For R1 : Mr.K.Muthumalai For R2 : Mr.A.Srinivasan

JUDGMENT

The present appeal has been filed challenging the judgment and decree made by the I Additional District Court, Madurai in O.S.No.163 of 2008 dated 11.10.2017.

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2.This Court by order dated 16.12.2022 had directed the parties to appear before the Mediation and Conciliation Centre attached to this Bench for amicable settlement with consent of both parties.

3.Today, the learned counsel for the appellant submitted that the parties have arrived at an amicable settlement and she has also filed a joint memo of compromise signed by the parties stating that the dispute between them has been settled. The said memo is recorded. The appellant and the respondents also appeared today before this Court.

4.In view of the compromise reached between the parties, the decree and the judgment of the First Appellate Court is hereby set aside. The decree shall be drawn in terms of the compromise memo filed before this Court.

5. In the result, this Appeal Suit is disposed of. No costs. The Registry is directed to refund the Court fee, since the matter is settled in mediation. 09.03.2023 Index : Yes/No Internet : Yes/No ta 2/4

To 1.The I additional District Court, Madurai 2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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N.SATHISH KUMAR , J.

ta Judgment made in 09.03.2023 4/4