THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN A.S.No.248 of 2017 and C.M.P.No.9750 of 2017 Tamil Selvan .. Appellant Vs.
1. Dr.Arasakumar
2. Mrs.Sarlet Mariya Selva Rani .. Respondents Prayer: Appeal suit filed under Under order XLI Rule 1 and Sec.96 of CPC of the Constitution of India to set aside the Judgment and Decree dated 07.09.2011 passed by the Learned Subordinate Judge, Tambaram in O.S.No.198 of 2010.
` For Petitioner : Mr.R.Rajesh Vivekananthan For Respondents : Mr.T.Eswaradoss **** ORDER The above appeal has been filed by the first defendant aggrieved over the money decree to the tune of Rs.10,00,000/- along with the interest 6% p.a. granted by the Trial Court by judgment dated 07.09.2011 in O.S. No. 198 of 2010.
2. After notice, both parties requested this Court to refer the matter to the Mediation Centre. Accordingly, the matter was referred to the Mediation Centre and the matter has been successfully mediated and settled before the Mediation Centre. The Mediation report dated 07.11.2016 would reveal that the matter has been settled and as per the agreement arrived at between the parties, the first respondent agreed to receive a sum of Rs.5,00,000/- in full and final settlement of his claim and also agreed to withdraw E.P.No.112 of 2014 on the file of Sub Court, Tambaram, filed for realization of the decree in O.S. No. 198 of 2010 passed by Sub Court, Tambaram. It is further submitted before this Court that the first respondent has been paid the sum of Rs.5,00,000/-, as per the Mediation Agreement.
3. As the Mediation Report dated 07.11.2016 would reveal that the matter has been amicably settled between the parties, the Appeal Suit is disposed of, in terms of the Mediation Agreement.
4. The parties are entitled to return of full court fee since the matter has been settled before the Mediation Centre. Consequently connected Civil Miscellaneous Petition is closed.
29.06.2017 nmm/nv N.KIRUBAKARAN,J.
nmm A.S.No.248 of 2017 and C.M.P.No.9750 of 2017 29.06.2017