IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:07.11.2025 Coram:: THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN A.S.No.63 of 2023 and C.M.P.No.3450 of 2023 K.J.Jose, M/Age 40 years, S/o K.P.Joseph, No.30-C, Periyathottam Colony, 4th Street, Veerakeralam, Coimbatore 641 007. ..Appellant/Defendant /versus/ T.R.Palanisamy,M/Age 57 years, S/o Late Ramasamy Goundar, No.69, Chinnathambi Goundar Street, Siruvani Main Road, Pooluvapatti Village, Coimbatore. ..Respondent/Plaintiff Appeal Suit has been filed under Section 96 of C.P.C., to set aside the decree and judgment dated 06.08.2019 in O.S.No.414 of 2016 on the file of the 1st Additional District Judge of Coimbatore by allowing this appeal pay the earnest money not maintainable. For Appellant :No appearance For Respondent :Mr.N.Krishnakumar for M/s Sarvabhauman Asst. 1/4 https://www.mhc.tn.gov.in/judis JUDGMENT This Court, by an order dated 28.07.2025, referred the matter to the Mediation Centre, Coimbatore, to explore the possibility of settlement. On 13.08.2025, the parties appeared before the Mediation Centre, Coimbatore and arrived at a settlement before the District Mediation Centre, Coimbatore. The Report of the Mediator has been received. The terms of the settlement reads as below: “A.The respondent/plaintiff agreed to receive from the appellant a sum of Rs.16.50 lakhs in full and final quit. Out of which, the appellant has paid a sum of Rs.5.00 lakhs on September 2024 by Demand Draft; a sum of Rs.5.00 lakhs by cash on 24.10.2024; a sum of Rs.2.00 lakhs by cash on 3.12.2024; a sum of Rs.2.00 lakhs by cash on 24.01.2025 and the balance amount of Rs. 2.50 lakhs today by cash i.e. on 13.08.2025 (Rupees sixteen lakhs fifty thousand only), In total. B.Thus, the respondent acknowledges the receipt of the entire agreed sum of Rs.16.50 lakhs from the appellant. C.The appellant and the respondent are entitled 2/4 https://www.mhc.tn.gov.in/judis to the refund as the Court fee paid by them respectively and also the respondent/plaintiff is entitled to the refund of excess court fee paid by him.” 2. Recording the above terms of the settlement, this Appeal Suit is dismissed as settled out of Court. The appellant shall be refunded the Court fee, as per Law. Consequently, connected Miscellaneous Petition is closed. No order as to costs. 07.11.2025 ari Index:yes/no Internet:yes Speaking order/Non speaking order Neutral citation:yes/no To 1st Additional District Judge of Coimbatore 3/4 https://www.mhc.tn.gov.in/judis Dr.G.JAYACHANDRAN,J. ari A.S.No.63 of 2023 and C.M.P.No.3450 of 2023 07.11.2025 4/4 https://www.mhc.tn.gov.in/judis