The High Court recorded a joint compromise memo where respondents agreed to pay the appellant Rs.16,00,000 to settle the appeal suit, disposing of the matter and directing the settlement terms to form part of the decree.
Compromise memo recorded; Appellant to receive Rs.16,00,000 in installments as per terms; Compromise to form part of decree.
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A.S.No.199 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 28.03.2022
CORAM:
THE HONOURABLE TMT. JUSTICE S. KANNAMMAL
A.S.No.199 of 2009
S.M. Narayanan ... Appellant/ Plaintiff Vs.
PRAYER: Appeal Suit is filed under Section 96 of the Civil Procedure Code to set aside the Judgment and Decree dated 17.10.2008 in O.S.No.193 of 2004 on the file of the learned Additional District Judge/Fast Track Court at Namakkal.
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A.S.No.199 of 2009
For Appellant : Mr. J. Hari Haran for
M/s. K.V. Law Firm
For Respondents : M/s.K.V. Muthu Visakan
J U D G M E N T
This Appeal Suit has been filed to set aside the Judgment and
Decree of the Additional District Judge/Fast Track Court, Namakkal dated 17.10.2008 in O.S.No.193 of 2004.
A.S.No.199 of 2009
respondents 1 and 2 died and their legal representatives were brought on record as Respondents 3 to 10. On 27.08.2021 during the pendency of the suit, 3rd Respondent died. Now the Appellant and Respondent Nos.4 to 10 have been arrived at a compromise and decided to settle the issue amicably on the following terms of compromise:
“TERMS OF COMPROMISE
3. The proposed respondents No.4 to 10 together have decided to pay the Appellant a sum of Rs.16,00,000/- (Rupees sixteen lacs only) towards the full and final settlement in the matter involved in the suit in O.S.No.193 of 2004 on the file of the learned Additional District Judge cum Fast Tract Judge, Namakkal against which the present Appeal Suit in A.S.No.199 of 2009 was filed and pending before the Hon'ble Court.
4. The proposed Respondents No.4 to 10 are jointly paying a sum of Rs.16,00,000/- as a full and final settlement in the
following manner to the appellant.
| S.No. | Date | Bank | D.D.No. | Amount |
|---|---|---|---|---|
| 1 | 25.01.2022 | Axis Bank Ltd. | 036293 | Rs.4,00,000/- |
| 2 | 25.01.2022 | LVB & DBS Bank | 302622 | Rs.4,00,000/- |
| 3 | 18.02.2022 | LVB & DBS Bank | 302632 | Rs.4,00,000/- |
| 4 | 18.02.2022 | Axis Bank Ltd. | 036374 | Rs.4,00,000/- |
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A.S.No.199 of 2009
5.
5. It is also stated the appellant has agreed to receive a sum of Rs.16,00,000/- (Rupees Sixteen Lakhs) in the manner as stated above and thereafter all the issues involved in the present appeal suit shall stand settled between the parties.
6. It is prayed that this Joint Memo of Compromise and Annexure, the copies of aforementioned 4 Demand Drafts shall be part and parcel of the decree.”
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A.S.No.199 of 2009
counsels the Memo is recorded. The learned counsel for the Respondents
handed over the above mentioned four (4) Demand Drafts to the learned counsel for the Appellant, who is authorised by the Appellant to receive the Demand Drafts, vide Authorisation Memo.
28.03.2022
ggs
Index :Yes/No Internet :Yes/No Speaking/Non-speaking order
Copy to:
The Additional District Judge Fast Track Court, Namakkal.
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A.S.No.199 of 2009
S. KANNAMMAL, J.
ggs
Judgment in A.S.No.199 of 2009
28.03.2022
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1 issue framed by the court
Whether to record a compromise settlement wherein respondents pay Rs.16,00,000 to set aside the impugned judgment.
S.M. Narayanan
R.P. Jaganathan
G. Thangavelu
J. Angu Lakshmi
Visalatchi
Maheswari
S. Kannammal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
