A.S.NO.440 of 2018 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.08.2025 CORAM THE HONOURABLE MR.JUSTICE R.SAKTHIVEL A.S.NO.440 of 2018 1.K.K.Paramasivam 2.P.Pangajam ..Appellants Vs Om Prakash Parival S/o. Malchandji, Rep By His Power of Attorney Agent R.Thangavel S/o.Ramasami Gounder .Respondent PRAYER: This First Appeal is filed under Section 96 r/w Order XLI, Rule 1 of the Code of Civil Procedure, 1908, praying to set aside the judgment and decree dated January 29, 2018 made in O.S.No.294 of 2010 on the file of the II Additional District Court, Erode. 1/7 https://www.mhc.tn.gov.in/judis A.S.NO.440 of 2018 For Appellants: Ms.D.Sathya For M/s.Zeenath Begum For Respondent: Mr.V.S.Kesavan JUDGMENT Ms.D.Sathya, representing M/s.Zeenath Begum, learned Counsel on record for the appellants is before this Court physically and Mr.V.S.Kesavan, learned Counsel on record for the sole respondent appears through video conferencing mode. 2.Both the learned Counsels submitted that this matter has been compromised between the parties and also files a Joint Memorandum of Compromise. The Joint Memorandum of Compromise is recorded. Scanned reproduction of the same is as follows:- 2/7 https://www.mhc.tn.gov.in/judis A.S.NO.440 of 2018 3/7 https://www.mhc.tn.gov.in/judis A.S.NO.440 of 2018 4/7 https://www.mhc.tn.gov.in/judis A.S.NO.440 of 2018 5/7 https://www.mhc.tn.gov.in/judis A.S.NO.440 of 2018 4.The Joint Memorandum of Compromise dated August 07, 2025 shall form part of this judgment. In view of the Joint Memorandum of Compromise, the Appeal Suit is disposed of. No costs. 5.The appellants are entitled for refund of the Court Fee paid by them 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 appellants in this Appeal Suit. 07.08.2025 1/2 Index : Yes/No Speaking order:Yes/No gbi To II Additional District Court, Erode. 6/7 https://www.mhc.tn.gov.in/judis A.S.NO.440 of 2018 R.SAKTHIVEL , J. gbi A.S.No.440 of 2018 07.08.2025 7/7 https://www.mhc.tn.gov.in/judis