Last Updated on
In the High Court of Judicature at Madras Dated: 30-04-2008 Coram: The Honourable Mr.Justice M.JAICHANDREN S.A.No.1349 of 2005 K.Chandravalli .. Appellant. Versus M/s.Senthil Finance Pvt. Ltd., rep. By its Managing Director, K.Srinivasan, No.3, Thangam Theertha Pillaiyar Koil Street, Chidambaram. .. Respondent. Prayer: Appeal against the judgment and decree, dated 27.06.2005, made in A.S.No.86 of 2004, on the file of the Principal District Judge, Cuddalore, reversing the judgment and decree, dated 26.04.2004, made in O.S.No.107 of 2002, on the file of the Sub Judge, Chidambaram. For Appellant : Mr.R.Subramaniam For Respondent : Ms.R.Meenal J U D G E M E N T
Today, when the matter is listed today under the caption `for compromise’, the learned counsel appearing on behalf of the appellant had submitted that there has been a settlement in the matter. A joint memo signed by the parties, as well as the counsels appearing on their behalf, has been filed before this Court. The joint memo filed before this Court is as follows:
“Memo filed on behalf of the appellant”
“a) The above appeal may be dismissed as settled out of Court recording full satisfaction of the decree granted in O.S.No.107 of 2002, on the file of Sub-Court, Chidambaram.
b) The appellant will be entitled to withdraw a sum of Rs.2,00,000/- deposited into the credit of the O.S.No.107 of 2002 on the file of Sub-Court, Chidambaram in pursuance of the conditional order of Stay granted in C.M.P.No.17886 of 2005, by order dated 25.11.2005.”
2. In view of the submission made by the learned counsels appearing on behalf of the parties concerned and in view of the joint memo filed before this Court, the judgment of both the Courts below are set aside and there will be a decree in terms of the memo of compromise. The memo of compromise shall form part of the decree. The second appeal is ordered accordingly. No costs.
S.A.No.1349 of 2005