A.S.(MD)No.90 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN A.S.(MD)No.90 of 2017 R.Baskar ... Appellant Vs. K.Muneeswaran ... Respondent Prayer : Appeal Suit filed under Section 96 of Civil Procedure Code, to set aside the judgment and decree dated 19.12.2016 made in O.S.No.26 of 2013 on the file of the IV Additional District Court, Madurai and allow the first appeal. For Appellant : Mr.N.Shanmuga Selvam For Respondent : Mr.R.Aravindan 1/4 https://www.mhc.tn.gov.in/judis A.S.(MD)No.90 of 2017 JUDGMENT Heard both sides. 2.The appellant herein filed O.S.No.26 of 2013 on the file of the IV Additional District Court, Madurai for recovering a sum of Rs.50,00,000/- within interest on the strength of the suit documents. The suit was dismissed on 19.12.2016. Challenging the same, this appeal came to be filed. 3.When the matter was taken up for hearing, we suggested to parties on either side to negotiate and comprise the matter. 4.The parties have subsequently compromised the matter. The defendant / K.Muneeswaran has undertaken to settle the suit claim towards full and final settlement by paying a sum of Rs.9,00,000/-. He has undertaken to pay the said amount in two installments. The first installment is payable on 10.06.2025. The second installment is payable on or before 10.09.2025. 2/4 https://www.mhc.tn.gov.in/judis A.S.(MD)No.90 of 2017 5.The impugned judgment and decree is set aside and the appeal is disposed of in terms of the joint comprise memo dated 21.04.2025. The compromise memo shall form part of the decree. Since the appeal has been disposed in terms of compromise, the appellant is at liberty to withdraw the court fees paid by him. The Registry is directed to refund the court fee to the appellant forthwith and without any delay. Till the respondent settles the amount as undertaken by him in terms of the aforesaid compromise memo, there will be a charge on the suit schedule property. No costs. (G.R.S. J.,) & (M.J.R. J.,) 21.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To: The IV Additional District Court, Madurai. Copy to: The Section Officer, ER/VR Section, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis A.S.(MD)No.90 of 2017 G.R.SWAMINATHAN, J. and M.JOTHIRAMAN, J. ias A.S.(MD)No.90 of 2017 21.04.2025 4/4 https://www.mhc.tn.gov.in/judis