S. Kandasamy v. Ramasamy Gounder (Died) 1.Subramani,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2024
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY S.Kandasamy ... Appellant/Plaintiff Vs Ramasamy Gounder (Died) ... 1st Defendant in OS 1.Subramani ... 1st Respondent/2nd Defendant 2.R.Chellammal 3.R.Murugesan 4.P.Saroja ... 2nd to 4th Respondents/ LR's of 1st Defendant (Cause title accepted vide court order dated 16/02/2024 made in CMP(MD)No.867 of 2024 in AS (MD) SR.7392 of 2023) PRAYER: First Appeal filed under Section 96 r/w Order 41 Rule 1 of Code of Civil Procedure, to modify the judgment and decree, dated 27.07.2010 made in O.S.No.60 of 2007 on the file of District Court, Karur. For Appellant : Mr.R.Devaraj For R1 & R2 : M/s.D.Deepamathi For R3 : Mr.V.Meenakshi Sundaram for Mr.D.Nallathambi For R4 : Mr.G.Mohan Kumar 1/4
O R D E R
The issue between the parties is the recovery of money along with 18% interest. The plaintiff / appellant herein had filed suit in O.S.No.60 of 2007 before the District Court, Karur wherein the suit was allowed directing the defendant / respondent herein to pay Rs.3,20,000/- with interest at the rate of 6%, thereby the suit was partly decreed. Against which, the defendants in the suit preferred an appeal in A.S(MD)No.197 of 2011 and the same was dismissed for default on 12.08.2022 and the same had attained finality.
2. Hence the respondent / defendant is liable to pay Rs.3,20,000/- (Rupees Three Lakh and Twenty Thousand only) to the appellant / plaintiff. Now, the issue is with regard to the interest. This Court in order to settle the issue, has directed the parties to negotiate the same, but the negotiation failed. (*) "3. After hearing the arguments of either side, this Court is inclined to grant Rs.11,25,000/- (Rupees Eleven Lakh and Twenty Five Thousand only) which is inclusive of principal amount to the tune of Rs.3,20,000/- (Rupees Three Lakh and Twenty Thousand only) and the balance amount is for the purpose of interest, as full and final settlement. The amount of Rs.10,00,000/- (Rupees Ten 2/4
Lakh only) shall be paid by the respondents to the appellant on or before 31.07.2024 and the balance amount of Rs.1,25,000/- (Rupees One Lakh and Twenty Five Thousand only) shall be paid on or before 30.08.2024. The charge was created over the properties and the same shall be lifted after the entire payment was settled. The appellant is entitled to refund of 80% Court Fee".
4. With the above terms, this Appeal Suit is disposed of. No costs. Sd/- Assistant Registrar(T&P) (*)Substituted vide Court order dated.06.08.2024 made in AS(MD)No.203 of 2024.
Sd/- Assistant Registrar( CS-III) // True Copy // /09/2024 Sub Assistant Registrar (CS-I/II/III/IV) GBG 3/4
(*)To be substituted to the order already despatched on 01/08/2024. Encl: Xerox copy of Joint Compromise Memo.
To The District Judge, Karur.
Copy to:
The Section Officer, V.R. Section, Madurai Bench of Madras High Court. Madurai.(2 Copies). +1 CC to M/s.R.DEVARAJ, Advocate ( SR-38890[F] dated 30/07/2024 ) 29.07.2024 MGJ(30.07.2024) 4 P 5C SI -(30.08.2024) 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4