S. KANDASAMY Vs. SUBRAMANI

JUDGEMENT

(1.) The respondent in A.S.No.1008 of 2003 is the petitioner in this CMP.

(2.) The petitioner herein filed a suit in O.S.No.455 of 1997 on the file of the Sub Court, Salem (O.S.No.118 of 2002 on the file of the Additional District Court/Fast Track Court No.1, Salem) against the respondents herein, for specific performance of agreement of sale, dated 28.08.1996 and the suit was decreed as prayed for. As per the decree, the petitioner/plaintiff is liable to pay the balance sale consideration, after deducting Rs.52,000/- as advance and get the sale deed executed by the respondents. The judgment and decree made in O.S.No.118 of 2002 was challenged in A.S.No.1008 of 2003 before this court by the respondents. By judgment, dated 02.08.2011, the said appeal was disposed of, on the basis of the compromise entered into between the parties, as evident by the endorsement made in the bundle by the respective counsel appearing for both sides and the following is the terms of the comprise arrived at between the parties:-

(3.) Later, the petitioner herein filed the above Civil Miscellaneous Petition to set aside the judgment and decree passed on 02.08.2011 in A.S.No.1008 of 2003 on the basis of the compromise memo, endorsed in the grounds of appeal by the learned counsels and to restore the Appeal Suit for hearing stating that he never agreed to receive a sum of Rs.2,50,000/- payable by the respondents to him and the endorsement was made by his counsel without his knowledge and consent and therefore, the judgment and decree made on 02.08.2011, on the basis of the above endorsement has to be set aside.