J.Tamilarasan, vs R.Nirmalkumar,

Court
Madras High Court

SA(MD) No. 249 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10-11-2026
CORAM
THE HON'BLE MRS. JUSTICE S.SRIMATHY
SA(MD) No. 249 of 2026
CNR:{HCMD010206212026}
J.Tamilarasan,
S/o. Jambulingam,
No.569, Church Street,
Jeeva Nagar, Dhalavaipuram,
Rajapalayam Taluk,
Virudhunagar District.
..Appellant(s)
Vs
R.Nirmalkumar,
S/o. Ravindran,
Proprietor of M/s. Rajeswari Industries,
D.No.18C, Dhalavaipuram Road,
Sethur Village, Rajapalayam Taluk,
Virudhunagar District.
..Defendant(s)
PRAYER: Second Appeal filed under Section 100 of Civil Procedure
Code to set aside the Judgment and decree passed in A.S.No.1 of 2023
dated 10.11.2025, on the file of the Additional District and Sessions
Court, Srivilliputtur confirming the judgment and decree passed in
O.S.No.195 of 2013 dated 15.09.2022, on the file of the Principal Sub
Court, Srivilliputtur and thus render justice.
For Appellant(s) :Mr. D. Deepak Arasu
For Respondent(s) :Mr. S.I. Muthiah
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SA(MD) No. 249 of 2026
JUDGMENT
Challenging the concurrent findings of the Courts below, the
defendant has preferred the present Second Appeal.
2. The respondent/plaintiff filed a suit in O.S.No.195 of 2013
on the file of the Principal Sub Court, Srivilliputtur, for recovery of
money. According to the respondent/plaintiff, he had advanced a loan of
Rs.9,00,000/- (Rupees Nine Lakhs only) to the appellant/defendant,
towards which the appellant/defendant had issued a cheque. However,
according to the appellant/defendant, he had borrowed only a sum of
Rs.3,00,000/- (Rupees Three Lakhs only) from the respondent/plaintiff's
father, namely, Ravindran. The appellant/defendant contended that the
respondent/plaintiff was misusing the cheque and demanding a sum of
Rs.9,00,000/- (Rupees Nine Lakhs only), which was three times the loan
amount. Therefore, the appellant/defendant submitted that he was liable
to pay only a sum of Rs.3,00,000/- (Rupees Three Lakhs only), along
with the agreed interest.
3. The said suit was decreed by the learned Principal Sub
Judge, Srivilliputtur, by judgment and decree dated 15.09.2022.
Aggrieved by the same, the appellant/defendant preferred an appeal in
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SA(MD) No. 249 of 2026
A.S.No.1 of 2023 on the file of the Additional District and Sessions
Court, Srivilliputtur. The said appeal was dismissed by judgment and
decree dated 10.11.2025, confirming the judgment and decree passed by
the trial Court. Challenging the concurrent findings of the Courts below,
the appellant/defendant has preferred the present Second Appeal.
4. Heard the learned counsel appearing for the
appellant/defendant and the learned counsel appearing for the
respondent/plaintiff and perused the materials available on record.
5. During the pendency of the Second Appeal, this Court, by
order dated 09.07.2026, granted an interim stay of the execution
proceedings on condition that the appellant/defendant shall deposit a sum
of Rs.1,00,000/- (Rupees One Lakh only) to the credit of E.P.No.17 of
2026 before the Sub Court, Rajapalayam, within a period of four weeks
from the date of receipt of a copy of the said order, failing which, the
interim stay granted shall stand automatically vacated without any further
reference to this Court. Pursuant to the said order, the appellant/defendant
deposited the said sum of Rs.1,00,000/- on 22.07.2026.
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SA(MD) No. 249 of 2026
6. After negotiations between the parties, they have amicably
settled the dispute and filed a Joint Compromise Memo dated 10.11.2026,
duly signed by both parties and their respective counsel. As per the terms
of the Joint Compromise Memo, the appellant/defendant has agreed to
pay a total sum of Rs.7,00,000/- (Rupees Seven Lakhs only), inclusive of
interest, to the respondent/plaintiff towards full and final settlement of the
dispute.
7. In view of the settlement arrived at between the parties, the
present Second Appeal is disposed of in terms of the Joint Compromise
Memo dated 10.11.2026. The said Joint Compromise Memo shall form
part of the judgment and decree.
8. Since the appellant/defendant has already deposited a sum of
Rs.1,00,000/- (Rupees One Lakh only) to the credit of E.P.No.17 of 2026
before the Sub Court, Rajapalayam, the appellant/defendant is directed to
deposit the balance sum of Rs.6,00,000/- (Rupees Six Lakhs only) in
three equal instalments of Rs.2,00,000/- (Rupees Two Lakhs only) each,
to the credit of the said execution proceedings, as follows:
(i) Rs.2,00,000/- on or before 09.01.2027;
(ii) Rs.2,00,000/- on or before 09.03.2027; and
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SA(MD) No. 249 of 2026
(iii) Rs.2,00,000/- on or before 09.05.2027.
9. The appellant is entitled to a refund of the Court fee, subject
to the applicable statutory provisions and rules.
10. The balance sum of Rs.6,00,000/- (Rupees Six Lakhs only)
shall be deposited to the credit of E.P.No.17 of 2026 before the Sub
Court, Rajapalayam, in accordance with the instalment schedule
mentioned above. The respondent/plaintiff shall be entitled to withdraw
the amounts so deposited, including the sum of Rs.1,00,000/- (Rupees
One Lakh only) already deposited by the appellant/defendant, subject to
the orders of the Execution Court.
11. In view of the Joint Compromise Memo dated 10.11.2026,
the judgment and decree dated 10.11.2025 passed in A.S.No.1 of 2023 by
the Additional District and Sessions Court, Srivilliputtur, confirming the
judgment and decree dated 15.09.2022 passed in O.S.No.195 of 2013 by
the Principal Sub Court, Srivilliputtur, shall stand modified in terms of
the compromise recorded by this Court.
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SA(MD) No. 249 of 2026
12. Accordingly, this Second Appeal is disposed of in terms of
the Joint Compromise Memo dated 10.11.2026, which shall form part of
the judgment and decree. No costs.
10-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
klt
To
1. The Additional District and Sessions Court, Srivilliputtur.
2. The Principal Sub Court, Srivilliputtur.
3. The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai
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SA(MD) No. 249 of 2026
S.SRIMATHY, J.
klt
SA(MD) No. 249 of 2026
10-11-2026
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