(Judgment of the Court is made by PRABHA SRIDEVAN,J.) Both the parties were present in Court.
2. The appeal has been filed by the son against the mother challenging the decree obtained by her for recovery of a sum of Rs.16,00,000/-. When the matter came up before us for admission, we felt that considering the relationship between the parties we should make an effort to resolve the dispute amicably. So both the first appellant and the respondent appeared before us and we are happy to note that they have agreed to file this memo of compromise and today, the first appellant also handed over a demand draft for a sum of Rs.8000/- being the payment to be made by him for this month and Rs.3,00,000/- being the arrears due. The memorandum of compromise also sets out the Schedule of payment to be made in the future and the appellant has also committed himself to pay the sum of Rs.8000/- every month on or before 15th to his mother. It shall form part of the decree.
3. The appeal is allowed and the suit C.S.No.901 of 2004 is decreed as follows: "5. Now the Memorandum of Compromise witnesseth as follows:
a. The appellants have paid a sum of Rs.3,00,000/- by way of Demand Draft dated 13th November 2009 bearing No.411956 drawn on KVB, Chromepet Branch, as 1st instalment towards the decree amount and the respondent has also received the same. b. The appellants agree to pay the balance sum of Rs.7,66,667/- within a period of 5 years as follows: Sl.No.
Date of Instalment Amount (in Rupees) 1 10th November 2010 2,00,000 2 10th November 2011 1,50,000 3 10th November 2012 1,50,000 4 10th November 2013 1,50,000 5 10th November 2014 1,16,667 (6) The appellants also undertakes to pay a sum of Rs.8000/- (Eight Thousand only) per month to the respondent from November 2009 till November 2014 or till the discharge of the entire payment to the respondent earlier than the above stipulated period. The appellants have paid a sum of Rs.8000/- by way of demand draft dated 13th November 2009 bearing No.411957 drawn on KVB, Chromepet Branch towards payment for November 2009, the respondent has also received the same. (7) Upon making the entire payment, the appellants shall be discharged from all dues including the decree amount. (8) All the parties agree that they have no claims against each others what so ever in the future."
3. In default of any one of these conditions, it will be open to the respondent to execute the original decree for Rs.10,66,667/-.
glp