Madras High CourtSA(MD)/807/2011dismissed

S.Venkatasamy v. K.Veluchamy

2017-01-11Honourable Mr Justice M.Duraiswamy2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 11.01.2017 Coram The HONOURABLE MR.JUSTICE M.DURAISWAMY S.A (MD) No.807 of 2011 and M.P(MD)No.2 of 2011 S.Venkatasamy .. Appellant/Respondent/Plaintiff Vs.

1.K.Veluchamy 2.K.Varadharajan .. Respondents/Appellants/Defendants Prayer:- Second Appeal has been filed under Section 100 of Civil Procedure Code against the Judgment and Decree dated 30.11.2009 made in A.S.No.57 of 2008 on the file of the Principal District Court, Virudhunagar at Srivilliputhur, reversing the Judgment and Decree, dated 11.08.2008 made in O.S.No.21 of 2005 on the file of the Sub Court, Aruppukottai.

For Appellant : Mr.V.Meenaskshi Sundaram For Respondents : Mr.S.Subbiah

JUDGMENT

Heard Mr.V.Meenakshi Sundaram, learned counsel appearing for the appellant and Mr.S.Subbiah, learned counsel appearing for the respondents.

2.Challenging the Judgment and Decree passed in A.S.No.57 of 2008 on the file of the Principal District Court, Virudhunagar at Srivilliputhur, reversing the Judgment and Decree passed in O.S.No.21 of 2005 on the file of the Sub Court, Aruppukottai, the plaintiff has filed the above Second Appeal.

3.When the matter is taken up for hearing, the learned counsel appearing on either side submitted that the parties had settled the matter out of Court and also entered into a joint memorandum of compromise, dated 08.01.2017.

4.The learned counsel appearing for the appellant also produced the compromise memo entered into between the parties. In clause 5(d), it has been stated that the Second Appeal may be https://hcservices.ecourts.gov.in/hcservices/

dismissed by recording the terms of compromise. 5.The compromise memo, dated 08.01.2017, is taken on record and the Second Appeal stands dismissed in terms of the compromise. The terms of compromise shall form part of the decree in the Second Appeal. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub Assistant Registrar ps To 1.The Principal District Judge, Virudhunagar at Srivilliputhur.

2.The Subordinate Judge, Aruppukottai.

COPY TO:

THE RECORD KEEPER, V.R.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1cc to Mr.D.NALLATHAMBI, Advocate Sr.No. 2475 +2cc to Mr.S.SUBBIAH, Advocate Sr.No. 2710,2707 JAM/31.01.2017/ PM/PN/2P-7C S.A(MD)No.807 of 2011 11.01.2017 https://hcservices.ecourts.gov.in/hcservices/