Suit for recovery of money for house construction was decreed and upheld on appeal. The High Court referred the second appeal to mediation; appellant paid Rs.2,20,000 to the respondent per settlement agreement, and recording the amicable settlement, this Court closed the appeal with no costs.
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S.A.(MD)No.342 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.09.2024
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
S.A.(MD)No.342 of 2024 and CMP(MD) No.7848 of 2024
V.Lakshmi
Appellant
Vs
1.G.Arunachalam 2.P.Vadamalai
Respondents
PRAYER :- Second Appeal filed under Section 100 of Code of Civil Procedure, as against the judgment and decree of the II Additional District and Sessions Judge, Thanjavur, dated 22.03.2021 passed in A.S.No.37 of 2018, confirming the decree and judgment of the Additional Sub Judge, Thanjavur, dated 21.03.2018, passed in O.S.No.49 of 2014.
For Appellant : Mr.S.Jayachandran For R1 : Mr.M.P.Senthil
S.A.(MD)No.342 of 2024
J U D G M E N T
This second appeal is filed as against the concurrent findings of the Courts below.
2.The first defendant in O.S.No.49 of 2014 is the
appellant herein. The above suit has been filed by the plaintiff/the first respondent herein, as against the appellant and her husband for a relief of recovery of money. The plaintiff is a Mazon, who is said to have constructed a house for the appellant and the second defendant in the year 2012, for which, the amount has not been settled by them. Therefore, the first respondent/plaintiff has filed the above suit for recovery of money and the same was decreed in favour of the plaintiff by the Sub Court Thanjavur, by its judgment and decree, dated 21.03.2018. Challenging the same, the first defendant has filed an appeal before the II Additional District and Sessions Court, Thanjavur in A.S.No.37 of 2018 and it was dismissed by the first Appellate Court by its Judgment and decree,
S.A.(MD)No.342 of 2024
dated 22.03.2021. Pending the appeal, it appears that the second defendant, the husband of the appellant died and therefore, this second appeal is filed by the wife of the second defendant.
3.Considering the issue in this Second Appeal, this Court, by order, dated 11.07.2024 referred the matter to the Mediation Centre attached to this Court. In the mediation, the appellant has settled the dues to the plaintiff, thereby, the issue between the parties have been amicably settled. The mediation report along with the settlement arrived between the parties is placed before this Court. As per the settlement agreement, dated 23.08.2024, the following settlement has been arrived between the parties:-
6. The following settlement has been arrived between the parties hereto:
a) Both the parties agreed for an amicable settlement.
b) The Appellant agreed to pay a sum of Rs. 2,20,000/-(Rupees Two Lakhs Twenty
S.A.(MD)No.342 of 2024
Thousand only) and paying the amount.
c) The respondent received the amount and acknowledged the same.
e) On the terms of the above compromise the appeal may be disposed.
7. By signing this Agreement, the Parties hereto state that they have no further claims or demands against each other with respect S.A.(MD)No.342 of 2024 and all disputes and differences in this regard that have been amicably settled by the Parties hereto through the process of Mediation.”
4.Recording the settlement arrived between the parties
through Mediation, this Second Appeal is closed. No costs.
05.09.2024
NCC : Yes/No Index : Yes/No vrn
Note: Issue order copy on 09.09.2024
4/6
S.A.(MD)No.342 of 2024
To
S.A.(MD)No.342 of 2024
B.PUGALENDHI, J.
vrn
Judgment made in S.A.(MD)No.342 of 2024 and CMP(MD) No.7848 of 2024
05.09.2024
1 issue framed by the court
Whether the second appeal against the decreed recovery of money suit could be resolved by amicable settlement through mediation.
1 provisions across 1 enactments
V.Lakshmi
G.Arunachalam
P.Vadamalai
B.Pugalandhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
