Madras High CourtAS(MD)/313/2023disposed of

Dasappan v. Krishnan

2024-08-27Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Seventh day of August Two Thousand Twenty Four PRESENT The Hon'ble Mr.Justice P.VADAMALAI AS(MD). No.313 of 2023 Dasappan ... Appellant/Plaintiff Vs Krishnan ... Respondent/Defendant Prayer :- Appeal Suit filed under section 96 of Civil Procedure Code to set aside the Judgment and decree dated 31.08.2023 made in OS No.111/2017 on the file of the Additional District and Sessions Court (Fast Track Court) Palani Decree:- Appeal Suits are coming on for hearing on this day upon perusing the grounds of Appeal, the judgment and decree of the Lower Court and the material papers in the Suit and upon hearing the arguments of Mr.K.Hemakarthikeyan, Advocate for the

Appellant and of Mr.S.Rajasekar, Advocate for the Sole Respondent and appellant and respondent herein having settled their differences and entered into compromise between themselves and through their respective advocates and having filed a memo of compromise duty signed by the parties as well as by their Advocates and upon perusing the grounds of appeal as well as the judgment and decree of the courts below and the records relating to the case settlement agreement entered and Joint memo of compromise dated 27.08.2024 this court while disposing the appeal in terms of the Joint Compromise Memo and doth the decree as follows :-

1) That the appellant and respondent herein had amicably settled the matter, It was agreed by the appellant and respondent herein that the respondent has paid the advance amount of Rs.10,50,000/- along with interest of Rs.1,00,000/- and totally a sum of Rs.11,50,000/- (Rupees Elaven Lakhs and fifty thousand only ) to the appellant as full and final settlement of all his claims and the said amount was received by the appellant herein.

2)that the further agreed by the parties that the appellant herein has

to execute a cancellation of sale agreement dated 18.11.2015 in favour of the respondent herein;

Sd/- Assistant Registrar ( ) // True Copy // /10/2024 Sub Assistant Registrar (CS-1/II/III/IV) Encl.: a) Copy of Schedule of Property b) Copy of Joint Compromise Memo TO The Additional District and Sessions Judge, (Fast Track Court) Palani.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai +1 CC to Mr.S.RAJASEKAR, Advocate ( SR-47212 dated 29/08/2024 )

ORDER DATED : 27/08/2024 ========================== JOINT COMPROMISE DECREE ========================== AS(MD). No.313 of 2023 Allowing the Appeal Suits filed against the judgment and decree passed in O.S. No.111 of 2017 dated 31.08.2023 on the file of the Additional District and Sessions Court (Fast Track Court ),Palani Court-cum-PCR Court, etc., as stated within.

BV(09/10/2024) 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.