Madras High CourtSA(MD)/374/2014disposed of

Shanmugam Pillai, v. Sivagurusamy,

2021-04-30Honourable Mr Justice G.R.Swaminathan2 pages

S.A.(MD)No.374 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD)No.374 of 2014 and M.P.(MD)No.1 of 2014 Shanmugam Pillai ... Appellant/Appellant/Defendant Vs.

Sivagurusamy ... Respondent/Respondent/Plaintiff Prayer : Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 14.02.2012 made in A.S.No.87 of 2007 on the file of the Sub Court, Srivilliputhur, confirming the judgment and decree dated 06.12.2006 made in O.S.No.532 of 2005 on the file of the Principal District Munsif Court, Srivilliputhur.

For Appellant : Mr.A.Sivaji For Respondent : Mr.M.Ashokumar JUDGEMENT The defendant in O.S.No.532 of 2005 on the file of the Principal District Munsif Court, Srivilliputhur, is the appellant in this second appeal.

2.The suit filed by the respondent was decreed. A.S.No.87 of 2007 filed by the appellant before the Sub Court, Srivilliputhur was dismissed. Challenging the same, this second appeal came to be filed. When the second appeal was taken up for disposal, the learned counsel appearing for the appellant informed the Court that the dispute between the parties has been amicably settled through private mediation. The appellant as well as the respondent appeared before this Court two days ago through video conferencing. Mr.A.Sivaji, learned counsel for the appellant identified both the parties. The compromise agreement signed by the parties has also been filed before this Court. Therefore, the second appeal is disposed of as settled. The compromise agreement dated 19.04.2021 will form part of the decree.

Since the matter has been amicably settled through private mediation efforts, Registry is directed to return Court fee to the appellant. This direction for return of Court fee is issued in terms of the order dated 17.02.2021 passed by the Hon'ble Supreme Court in the the case of the High Court of Judicature at Madras, Rep. by its Registrar General Vs. M.C. https://hcservices.ecourts.gov.

S.A.(MD)No.374 of 2014 Subramaniam and Others. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) Ias Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Sub Court, Srivilliputhur.

2.The Principal District Munsif Court, Srivilliputhur.

Copy to The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 copies) +1 CC to M/s.A.SIVAJI, Advocate ( SR-18338[F] dated 03/05/2021 ) S.A.(MD)No.374 of 2014 30.04.2021 VR(CO) TR(17.06.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2