Disposed¶33

Venkatesan v. Sagadevan

Madras HC9 Jun 2025AS/884/2020

Case brief

AI extract

What is this about?

Consent/compromise disposal of civil appeal; Joint Memorandum of Compromise dated 09.06.2025 recorded; appeal under Section 96 r/w Order XLV Rule 1 CPC against decree in O.S.No. 48 of 2017 (Fast Track Mahila Court, Thiruvannamalai, dated March 10, 2020); Venkatesan v. Sagadevan & Vijaya; refund of court fee in appeal per (2021) 3 SCC 560 (M.C.Subramaniam); no costs; connected W.M.P./C.M.P.No. 10609 of 2020 closed; Madras High Court, single judge, decided 09.06.2025.

What did the court decide?

Appeal Suit disposed of in terms of the Joint Memorandum of Compromise dated 09.06.2025, with no costs; connected W.M.P.No. 10609 of 2020 closed; Registry directed to refund the court fee paid by the appellant in the appeal. ¶33

Venkatesan Vs Sagadevan — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶33

Issue for consideration

Whether the Appeal Suit should be disposed of in terms of the Joint Memorandum of Compromise dated 09.06.2025 filed by both sides. +1 more

¶19

Court's answer

The Joint Memorandum of Compromise dated 09.06.2025 signed by both parties with their respective counsels is recorded, its contents having been read over and explained to and agreed by both parties.

¶19

Ratio / Principle

In view of the Joint Memorandum of Compromise, the Appeal Suit is disposed of with no costs, and the connected W.M.P.No. 10609 of 2020 is closed.

¶33

Key takeaways

The appellant is entitled to refund of the Court Fee paid in the appeal in view of the Supreme Court judgment in (2021) 3 SCC 560, and the Registry is directed to refund the court fee paid by the appellant in this Appeal Suit.ratio¶35

Detailed headnote1 paragraphs

Madras High Court (R. Sakthivel J., 09.06.2025), A.S.No. 884 of 2020: Appeal Suit under Section 96 Read With Order XLV Rule 1 of the Civil Procedure Code by Venkatesan against Sagadevan and Vijaya, seeking to set aside the Judgment and Decree in O.S.No. 48 of 2017 on the file of the Fast Track Mahila Court, Thiruvannamalai, dated March 10, 2020. Both sides filed a Joint Memorandum of Compromise dated 09.06.2025 signed by the parties and their counsels; its contents were read over, explained and agreed to, and the compromise was recorded. In view of the compromise, the Appeal Suit was disposed of with no costs and connected W.M.P.No. 10609 of 2020 was closed. Relying on High Court of Judicature at Madras, represented by its Registrar General v. M.C.Subramaniam and Others, (2021) 3 SCC 560, the Court held the appellant entitled to refund of the Court Fee paid in the appeal and directed the Registry to refund it.

¶1

A.S.No. 884 of 2020

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 09.06.2025

¶4

CORAM

¶5

THE HON'BLE MR.JUSTICE R.SAKTHIVEL

¶6

A.S.No. 884 of 2020

¶7

and C.M.P.No. 10609 of 2020

¶8

Venkatesan .. Appellant

¶9

Versus

¶10

1.Sagadevan 2.Vijaya .. Respondents

¶11

Prayer: Appeal Suit filed under Section 96, Read With Order XLV Rule 1

¶12

of the Civil Procedure Code, prays to set aside the Judgment and Decree passed in O.S.No. 48 of 2017 on the file of the Fast Track Mahila Court, Thiruvannamalai, dated March 10, 2020.

¶13

For Appellant : Mr.K. Balaji For Respondent-1 : Mr.P. Rajarajan For Respondent-2 : No Appearance

¶14

Page No.1/7

¶15

https://www.mhc.tn.gov.in/judis

¶16

A.S.No. 884 of 2020

¶17

JUDGMENT

¶18

Mr.K.Balaji, learned Counsel for the appellant and Mr. P.Rajarajan, learned Counsel for the first respondent are before this Court.

¶19

2. Both sides filed a Joint Memorandum of Compromise, dated 09.06.2025 signed by both the parties with their respective Counsels. Contents of the Joint Memorandum of Compromise has been read over and explained to both the parties. Both the parties agreed the contents of the Joint Memorandum of Compromise. Hence, the Joint Memorandum of Compromise is recorded. A scanned reproduction of the same is as follows:-

¶20

Page No.2/7

¶21

https://www.mhc.tn.gov.in/judis

¶22

A.S.No. 884 of 2020

¶23

Page No.3/7

¶24

https://www.mhc.tn.gov.in/judis

¶25

A.S.No. 884 of 2020

¶26

Page No.4/7

¶27

https://www.mhc.tn.gov.in/judis

¶28

A.S.No. 884 of 2020

¶29

Page No.5/7

¶30

https://www.mhc.tn.gov.in/judis

¶31

A.S.No. 884 of 2020

¶32

4. The Joint Memorandum of Compromise dated 09.06.2025 shall

¶33

form part of this judgment. In view of the Joint Memorandum of Compromise, the Appeal Suit is disposed of. No costs. Consequently, connected W.M.P.No. 10609 of 2020 is closed.

¶34

5. The appellant is entitled to refund of the Court Fee paid by him

¶35

in the appeal in view of the Hon'ble Supreme Court Judgment in High Court of Judicature at Madras, represented by its Registrar General v. M.C.Subramaniam and Others , reported in (2021) 3 SCC 560. Registry is directed to refund the Court fee paid by the appellant in this Appeal Suit.

09.06.2025

MSM

The Fast Track Mahila Court, Thiruvannamalai.

¶40

Page No.6/7

¶41

https://www.mhc.tn.gov.in/judis

¶42