Both these appeals are directed against orders dismissing the applications filed by the defendants under Order 9 Rule 13 CPC to set aside the ex-parte decree passed in OS.No.126 of 2008 on the file of the Ist Additional District Judge, Tirupur.
2. The parties have filed a Joint Memo of compromise, in which it is stated that the parties have settled the matter outside the Court and to record the said settlement it is necessary to set aside the ex-parte decree dated 09.12.2010. The respondent has no objection for the appeals being allowed and the ex-parte decree dated 09.12.2010 being set aside.
3. It is useful to extract the terms of compromise in both the appeals as follows: They felt it essential to have the ex-parte decree set aside so that it is easier for them to proceed with the compromise talk. The respondent has no objection for allowing the above CMA.
4. Recording the said compromise, these appeals are allowed. The ex-parte decree on 09.12.2010 in OS. No.126 of 2008 is set aside. The Joint Memos of compromise filed today shall perform part of the decree. No costs. Consequently, the connected miscellaneous petitions are closed.
28.07.2017 Index:No Internet: Yes Speaking Order jv Note: Issue Order copy on 03.08.2017.
Registry is directed to sent back the records to the Trial Court immediately.
To The I Additional District & Sessions Judge, Tirupur.
R.SUBRAMANIAN,J jv CMA.Nos.838 and 839 of 2015 28.07.2017