S. DEVAGI Vs. N. SATHIYAVANI

JUDGEMENT

(1.) The plaintiff in the suit for specific performance is the appellant in the above second appeal.

(2.) The trial Court initially decreed the suit. However, in appeal, the first appellate Court reversed the findings of the trial Court and the suit for specific performance came to be dismissed as against which the present second appeal has been preferred. Pending the above second appeal, the parties have amicably resolved their disputes.

(3.) The parties are also present. They have presented a Joint Memo of Compromise duly signed by the appellant and the respondent namely the plaintiff and the defendant in the suit. The respective Counsel for the appellant have also signed the Joint Memo of Compromise. The respondent has paid a sum of Rs.7,50,000.00 to the appellant/Plaintiff in full and final settlement and satisfaction of the suit claim, even though, the suit being one for specific performance. In other words, the appellant/Plaintiff has given up her right to seek performance of the registered agreement of sale dtd. 22/1/2009.