S SHANTHA Vs. FOOD CENTER BY ITS PROPRIETOR

JUDGEMENT

(1.) THE appeal in RFA. No. 2072/2011 is filed by the defendant in O.S. No. 5127/2009 against the decree passed therein. The appeal in RFA. No. 2073/2011 is by the same defendant from the very said suit against the dismissal of the counter claim. During the pendency of these appeals, the parties have entered into a compromise.

(2.) AS per the compromise, the respondent herein has agreed to receive the total sum of Rs.2,50,000/- in full and final settlement towards the claim made in the suit. The appellant namely the defendant has consequently given up the counter claim which had been made in the suit. Out of the said sum of Rs.2,50,000/-, a sum of Rs.1,50,000/- is paid by cash before this Court. The GPA holder of the respondent, who is identified by the learned counsel for the respondent has received the said sum of Rs.1,50,000/-. The balance amount of Rs.1,00,000/- is agreed to be paid within a period of three months, failing which the parties have also agreed that the decree presently passed would be executed without the benefit of the concession being granted.

(3.) IN view of the compromise entered into between the parties, the appellant is entitled to refund of the entire Court fee paid. The registry is directed to refund the same.