IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.2.2008 CORAM: THE HONOURABLE MR.JUSTICE M.JAICHANDREN Second Appeal No.277 of 2003 K.Muthusamy .. Appellant [Respondent/ Defendant] Vs. Visalakshi : Respondent [Appellant / Plaintiff]. Prayer: The second appeal has been filed against the judgment and decree of the learned Second Additional District Judge, Salem, in A.S.No.89 of 2001 dated 6.3.2002 preferred against the judgment and decree of the learned Subordinate Judge, Namakkal in O.S.No.451 of 1995 dated 29.8.2000. For Appellant : Mr.A.K.Kumaraswamy JUDGMENT The second appeal has been filed against the judgment and decree, dated 6.3.2002, made in A.S.No.89 of 2001, on the file of the Second Additional District Judge, Salem, reversing the judgment and decree, dated 29.8.2000, made in O.S.No.451 of 1995, on the file of the Subordinate Judge, Namakkal. 2. When the second appeal was taken up for hearing, a memo of compromise, dated 9.1.2008, signed both by the parties and the counsels appearing on their behalf, has been filed before this Court requesting that the second appeal be disposed of and a decree be passed in the second appeal in terms of the said memo of compromise. 3. The memo of compromise, dated 9.1.2008, reads as follows:- https://hcservices.ecourts.gov.in/hcservices/ "MEMO OF COMPROMISE The parties in the above second appeal settled their disputes at the instance of mediators and they pray that a decree in terms of this Memo of Compromise may be passed:- 1. The appellant (Muthusamy) this day paid a sum of Rs.80,000/- (Rupees eighty thousand only) to the respondent (Visalakshi) in full quit of the suit claim in O.S.No.451 of 1995, on the file of Sub-Court, Namakkal. 2. The appellant is entitled to withdraw a sum of Rs.87,670/- deposited by him in the trial Court to the credit of the suit, O.S.No.451 of 1995 on the file of Sub- Court, Namakkal pursuant to the orders passed by this Hon'ble Court in C.M.P.No.2558 of 2003 and V.C.M.P.No.15359 of 2005 in S.A.No.277 of 2003, dated 26.3.2003 and 16.9.2005. 3. The parties agree to bear their respective costs through out." 4. Recording the above memo of compromise, dated 9.1.2008, the Second Appeal is disposed of on the above terms. The above said memo of compromise shall form part of the decree. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. lan To 1. The II Additional District Judge, Salem. 2. The Subordinate Judge, Namakkal. + 1 CC To Mr.A.K.Kumarasamy, Advocate SR NO.7278 S.A.No.277 of 2003 bv[co] gp/25.3. https://hcservices.ecourts.gov.in/hcservices/