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Madras High CourtAS/263/2007disposed of

T.Subbathal(Deceased) v. P Viswanathan

2026-02-06Honourable Mr.Justice M.Jothiraman12 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2026 CORAM :

THE HON'BLE MR.JUSTICE M.JOTHIRAMAN

1. Subbathal (deceased)

2. P.Kalamani

3. P.Muthulakshmi

4. P.Selvi Appellants 2 to 4 brought on record as Lrs of deceased sole appellant and sole respondent P.Viswanathan recorded as LR of deceased sole appellant vide order of the Court dated 29.11.2011 made in MP.No.1 of 2007 in A.S.No.263 of 2007.

... Appellants in A.S.No.263 of 2007

1. Kulandaiammal

2. P.Chandrasekar ... Appellants in A.S.No.191 of 2007 P.Chandrasekar impleaded as second appellant vide Court order dated 04.09.2025 made in CMP.No.27824 of 2024 in A.S.No.191 of 2007

Versus

P.Viswanathan ... Respondents in A.S.No.263 of 2007

1. Subbathal (deceased)

2. P.Viswanathan

3. P.Kalamani

4. P.Muthulakshmi

5. P.Selvi (RR3 to 5 brought on record as Lrs of deceased R1 vide order of the Court dated 02.12.2011 made in M.P.No.1 of 2011 in A.S.No.191 of 2007.

... Respondents in A.S.No.191 of 2007 Page No.1 of 12

Common prayer : Appeal Suits filed under Section 96 and Order XLI Rule I of Code of Civil Procedure, to set aside the decree and judgment dated 31.07.2006 in O.S.Nos.10 and 2 of 2005 respectively on the file Additional District Court (Fast Track Court - 5) Coimbatore.

For Appellants in A.S.No.263 of 2007 :

Mr.R.Bharath Kumar For Appellants in A.S.No.191 of 2007 :

Mr.K.Goviganesan For Respondents in A.S.No.263 of 2007 :

Mr.N.Krishnakumar for M/s.Sarvabhauman Associates For Respondents in A.S.No.191 of 2007 :

Mr.R.Bharath Kumar for R3 to R5 Mr.N.Krishnakumar for M/s.Sarvabhauman Associates for R2 ***** COMMON JUDGMENT These appeals have been filed seeking to set aside the decree and judgment dated 31.07.2006 made in O.S.Nos.10 and 2 of 2005 respectively on the file Additional District Court (Fast Track Court - 5) Coimbatore.

2. Heard the learned counsel appearing on either side.

3. When the matter is taken up for hearing today, learned counsel appearing for the parties submitted that, during the pendency of the above Page No.2 of 12

appeals, the parties have arrived at a compromise through mediation centre attached with Tiruppur District Court and to that effect settlement agreement dated 05.01.2026 entered between the parties, which has been signed by the parties. The learned counsel appearing on either sideprays to pass decree in terms of the settlement agreement.

4. In view of the above, the said settlement agreement dated 05.01.2026 entered between the parties is extracted herein: Page No.3 of 12

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5. Accordingly, these appeal suits are disposed of in terms of the settlement agreement dated 05.01.2026 and the same shall form part and parcel of the decree. The Court fee, if any, shall be refunded to the parties, as per the rules applicable. No Costs.

06.02.2026 Index : yes/no Speaking/Non-Speaking order rap To The Additional District Court (Fast Track Court - 5) Coimbatore Page No.11 of 12

M.JOTHIRAMAN, J., rap 06.02.2026 Page No.12 of 12