JUDGMENT : Affidavit is taken on record at the request of the counsel for the appellant and Respondent No. 4, Counsel for Respondent No. 3 is present. 2. The contesting parties to this appeal arising out of the judgment and decree dated 15-4-81 of the High Court of Madras in Appeal No. 142/ 76 are the appellant and Respondent No. 4 - Venkatasubramanian. They have arrived at a settlement whereby the decree of the High Court in Appeal No. 142/76 is agreed to be set aside and the judgment and decree of the Subordinate Court, Salem dated 18th December, 1973 in Original Suit No. 350/ 73 is agreed to be restored. So far as the other respondents are concerned, the decree of the High Court has already become final in Appeal No. 798/79 since they have not chosen to assail the same before this Court. The compromise does not touch any part of the decree of the High Court in Appeal No. 798/79. In view of the above this appeal will stand disposed of by setting aside the judgment and decree of the High Court of Madras in Appeal No. 142/76 dated 15-4-81 and restoring the judgment and decree of the Subordinate Court, Salem dated 18th December, 1975 in Original Suit No. 350/73. The affidavit filed by Respondent No. 4 - Venkatasubramanian will form part of the record of the Appeal. There will be no order as to costs. Order accordingly.