Madras High CourtSA(MD)/359/2017disposed of

Karuppudaiyar (Died) v. P.Kamalam

2023-11-27Honourable Mrs Justice S.Srimathy4 pages

THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2023

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Karuppudaiyar (Died) 1.Murugan 2.Annathurai 3.Krishnamoorthy 4.Deepan Chakravarthy 5.Meenakshiammal 6.Pachayammal 7.Rani 8.Baby Thangam 9.Pappathi ... Appellants /Vs./ P.Kamalam

...Respondent

P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and Decree of the Lower Appellate Court, dated 11.03.2013, passed in A.S.No.16 of 2006 on the file of the Additional District and Sessions Judge, Dindigul, confirming the Judgment and Decree of the Trial Court, dated 20.03.2006, passed in O.S.No.746 of 2003 on the file of the Additional Subordinate Court, Dindigul.

1/4

For Appellants : Mr.M.R.Sreenivasan For Respondent : Mr.H.Lakshmi Shankar *****

JUDGMENT

The suit was filed for recovery of money to the tune of Rs. 2,10,210/- with 9% interest and the defendant has also mortgaged the suit mentioned property. The suit was decreed in favour of the plaintiff. Aggrieved over the same, the defendants preferred first appeal and the same was dismissed. Aggrieved over the same, defendants have preferred the second appeal.

2.Pending second appeal, the plaintiff has preferred E.P.No.78 of 2018 on the file of Additional Sub Court, Dindigul and the parties have entered into compromise. A full satisfaction memo is filed in the E.P. to the tune of Rs.2,75,000/-.

3.Therefore, the parties have amicably settled by paying the amount. Hence, nothing survives for adjudication. Recording the full satisfaction memo, the second appeal is disposed of as stated supra. No 2/4

costs. The judgment and decree rendered in the suit as well as in the first appeal is confirmed in the above terms.

27.11.2023 Index : Yes / No NCC : Yes / No Tmg TO:

1. Additional District and Sessions Judge, Dindigul. 2.Additional Subordinate Court, Dindigul.

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

3/4

S.SRIMATHY, J.

Tmg Judgment made in S.A.(MD)No.359 of 2017 Dated:

27.11.2023 4/4