The High Court disposed of an appeal against a decree for specific performance on compromise. The parties agreed to the refund of advanced amounts with interest via a joint memo filed in court.
The appeal suit was disposed of in terms of the compromise reached by the parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.S.No.1218 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2022
CORAM: THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
A.S.No.1218 of 2015
A.Kamaraj .. Appellant/Plaintiff Vs. G.Periyasamy .. Respondent/Defendant
PRAYER: Appeal Suit is filed under Section 96 of C.P.C, to set aside the Judgment and Decree dated 01.06.2015 made in O.S.No.58 of 2014 on the file of the Principal District Court, Krishnagiri.
For Appellant : Mr.N.Manokaran For Respondent : Mr.J.Hariharan
J U D G M E N T
This is a suit for specific performance. The plaintiff, who
lost the suit, had preferred an appeal before this Court.
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2. Pending appeal, the parties have entered into a compromise and a Joint Memo of Compromise has been filed to that effect. Wherein, the respondent herein has agreed to refund the advanced amount of Rs.10,45,000/- with interest at the rate of 12% per annum from the date of agreement till 27.02.2022, which arrives to a total sum of Rs.21,10,900/-. The said amount will be paid in four equal monthly installments commencing from the last week of March 2022. Affidavit of undertaking is also filed by the respondent along with the Joint Memo of Compromise signed by the parties and their respective counsels on 24.02.2022. Both the parties are present before this Court physically and identified their respective counsels.
3. Recording the settlement arrived between the parties, the Appeal Suit is disposed of in terms of compromise. The Joint Memo of Compromise dated 24.02.2022 shall form part of the decree. No costs.
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4. Since the matter has been settled out of Court, the appellant is entitled for refund of Court fee. The Registry shall refund the Court fee as per law.
24.02.2022
Index : Yes/No Internet : Yes/No rpl To The Principal District Court, Krishnagiri.
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A.S.No.1218 of 2015
DR.G.JAYACHANDRAN,J.
rpl
A.S.No.1218 of 2015
24.02.2022
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A. Kamaraj
G. Periyasamy
Dr. G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
