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2026 Supreme(Online)(Mad) 9012

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice MUMMINENI SUDHEER KUMAR
A.K.KALIANNAN – Appellant
Versus
S.KOMALA – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-02-2026 CORAM THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR A.K.Kaliannan S/o Karuppagounder Gandhi Nagar Rajan Nagar Sathiyamangalam Erode Dist ..Appellant(s)

Vs S.Komala W/o Samiyappan Sikkarasampalayam Sathiyamangalam Erode Dist ..Respondent(s)

Prayer To set aside the judgment and decree dated 17.06.2009 made in A.S.No.142 of 2008 on the file of the Additional District Court/ Fast Track Court No.2, Gobichettipalayam (District Court, Erode) confirming the judgment and decree dated 21.04.2008 made in O.S.No.88 of 2002 on the file of the First Additional Sub Court, Gobichettipalayam (Principal Sub Court Full Additional Charge)

For Appellant(s): M/s M.Roshan Atiq For Respondent(s): M/s.M.Guruprasad D.Lakshmipathy For Sole Respondent

JUDGMENT

The learned counsel for the appellant reported before this court as early as on 31.10.2025 that the matter has been settled out of court and requested for closure of the second appeal by recording the same. However, this court required the appellant to produce the terms of compromise. However, the learned counsel on either side are unable to produce the same and reported that the matter can be closed as settled out of court.

2. The learned counsel for the appellant has also made an endorsement to that effect on the court file. The learned counsel appearing for the respondent confirms the same. In the light of the above, this court does not see any reason to keep the matter pending and accordingly, the second appeal is closed as settled out of court.

3. The learned counsel on either side agreed that the appellant is entitled to withdraw an amount of Rs.50,000/-, which was deposited to the credit of the suit in terms of the interim order passed in the second appeal, and that the appellant is may be permitted to withdraw the same together with interest, if any, in terms of the compromise entered into between the parties. If that be the case, the appellant is at liberty to withdraw the same.

13-02-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No skr MUMMINENI SUDHEER KUMAR, J.

skr

13-02-2026

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