POONGAVANAM Vs. THANGARAJ

JUDGEMENT

(1.) TODAY, when the matter is listed under the caption `For Reporting Settlement', the learned counsel appearing on behalf of the appellant had submitted that there has been a settlement in the matter. A memorandum of compromise, signed by the parties, as well as the counsels appearing on their behalf, has been filed before this Court. The memorandum of compromise filed before this Court is as follows:

(2.) WE, the appellant and respondents 1 and 2 in the above second appeal submit that the above second appeal No.584 of 2005 arises out of the judgment and decree, dated 24.03.2003, made in A.S.No.118 of 2002, on the file of the Additional District Judge Court (Fast Track Court) at Kallakurichi, in confirming the judgment and decree, dated 31.01.2000, made in O.S.No.414 of 1994, on the file of the 1st Additional District Munsif Court, Kallakurichi.

(3.) FOR the foregoing reasons, it is most respectfully prayed that this Hon'ble Court may be pleased to decree the suit in O.S.No.414 of 1994, on the file of the 1st Additional District Munsif Court, Kallakurichi, in favour of the plaintiff/appellant herein, as prayed for without costs, in terms of compromise, by allowing the above second appeal No.584 of 2005 by this Hon'ble Court and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." 2. In view of the submission made by the learned counsels appearing on behalf of the parties concerned and in view of the joint memo filed before this Court, the judgment of both the Courts below are set aside and there will be a decree in terms of the memo of compromise. The memo of compromise shall form part of the decree. The second appeal is ordered accordingly. Consequently, connected C.M.P.Nos.8674 of 2005 is closed. No costs.