SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Mad) 77620

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, K.Rajasekar, JJ
S.Gurusamy @ Kumarasamy – Appellant
Versus
K.Navaneethakrishnan – Respondent
A.S.(MD)No.235 of 2025



Advocates:
For the Appellants/Petitioners: Mr.M.Thirunavukkarasu
For the Respondents: Mr.K.Sekar

Amicable settlement reached during appeal allows for disposal of the case without pursuing specific performance.

Headnote:In this case concerning A.S.(MD)No.235 of 2025, the Court analyzed the validity of a judgment declining specific performance of a contract. The Court found that the parties had reached an amicable settlement, as evidenced by a joint compromise memo. The Court determined that the appeal could be disposed of in accordance with the terms laid out in the memo. The appeal was dismissed, and the court fee was ordered to be refunded.

Table of Content
1. defendants are appellants in specific performance case. (Para 1)
2. settlement reached; appeal disposed. (Para 2)

(By G.R.Swaminathan, J.)

The defendants in O.S.No.301 of 2019 on the file of the I Additional District Court, Madurai are the appellants herein. The suit was for specific performance. The Court below vide judgment and decree dated 01.04.2021 declined the relief of specific performance but directed the defendants to return the advance amount with interest.

Challenging the same, this appeal came to be filed.

2.During the pendency of the appeal, the parties have entered into an amicable settlement. A joint compromise memo dated 20.08.2025 signed by the parties as well as their respective counsel has been filed. The parties are also present in person. We have also verified with the parties that they have voluntarily entered into the same. We are satisfied that the parties entered into compromise voluntarily. This appeal is disposed of in terms of the joint compromise memo dated 20.08.2025.

The joint compromise memo shall form part of the decree. The Registry is directed to refund the court fee forthwith paid by the appellants. No costs. Consequently, connected miscellaneous petition is closed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top