Madras High CourtSA(MD)/64/2017disposed of

S.Mahalingam (Died) v. S.V.Ramasamy

2023-08-07Honourable Mr. Justice C.Kumarappan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2023

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN and C.M.P(MD)No.1283 of 2017 S.Mahalingam (Died) ... Appellant/Appellant/ Defendant 2.M.Vanitha 3.M.Nirupashree (Minor) 4.M.Hanishka Shree (Minor) ... Proposed Appellants (Appellants 2 to 4 are brought on record as legal heirs of the deceased sole appellant vide Court order, dated 14.12.2021 made in C.M.P(MD)Nos. 10389,10390 & 10391 of 2021) Vs.

S.V.Ramasamy .. Respondent/Respondent/ Plaintiff PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 02.02.2016 made in A.S.No.50 of 2015 on the file of VI Additional District Court, Madurai confirming the judgment and decree, dated 15.04.2015 made in 1/4

O.S.No.351 of 2008 on the file of the Sub Court, Madurai. For Appellants : Mr.S.Vellaichamy For Respondent : Mr.M.Saravanan

JUDGMENT

Both side counsels are present.

2. This Court has referred this matter for mediation. Before mediation, both the parties have entered into an agreement on 26.07.2023. The relevant clause of the mediation agreement is as follows:

"A. The appellants 2 to 4 agrees to pay Rs. 1,40,000/- (Rupees One Lakh Fourty Thousand only) on or before 26.10.2023 to the respondent towards full and final settlement of the respondent's claim in S.A(MD)No. 64 of 2017.

B. If the appellants failed to pay the above amount on or before 26.10.2023, then the decree passed in O.S.No.351 of 2008 on the file of III Additional 2/4

Subordinate Judge's Court, Madurai as confirmed by the appellate Court will revive and the appellants 2 to 4 are personally liable to pay the same."

3. Since the matter has been settled before the mediation, this Second Appeal is disposed of in accordance with the mediation agreement, dated 26.07.2023. The mediation agreement shall form part of the order. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

07.08.2023 gbg Index :

Yes / No Internet :

Yes / No To 1.The VI Additional District Court, Madurai.

2.The Sub Court, Madurai.

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

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C.KUMARAPPAN ,J.

gbg Order made in S.A.(MD)No.64 of 2017 Dated:

07.08.2023 4/4