G.Jaisankar v. G.Sivakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2026

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI A.S.No.53 of 2026 &CMP.No.1614 of 2026 1.G.Jaisankar 2.Rekha Appellant(s) Vs G.Sivakumar Respondent(s) Prayer: Appeal Suit filed under Section 96 of CPC, to set aside the order and decreetal order passed in I.A.No.1 of 2022 in O.S.No.218 of 2018 on the file of the Additional District Judge II, Poonamallee dated 08.02.2023. For Appellant(s):

Mr.Adinarayana Rao For Respondent(s):

Mr.S.Swaminathan

ORDER

It appears that the Registry has raised an objection with regard to the 1st appellant not being a signatory to the Joint Memorandum of Compromise and also non payment of applicable non-judicial stamp/Court fees and also on the ground that in view

of the above clarification that was sought for, the time for drafting the final decree has also lapsed. Hence, the matter has been posted for clarification.

2. It is also brought to my notice by Mr.Adinarayana Rao, as well as Mr.S.Swaminathan, learned counsel appearing for the parties that the 1st appellant has already settled the property by a registered settlement deed in favour of the 2nd appellant and in view of the same, the 1st appellant has no subsisting interest in the suit property and his signature is not required in the Joint Memorandum of Compromise. As such, the compromise memo signed by the 2nd appellant and the respondent would be sufficient. Hence, the Registry may proceed to draft the final decree and issue the same on or before 30.06.2026. The appellants shall pay the applicable non-judicial stamp duty/Court fees on or before 15.06.2026.

24.04.2026 ata To The Additional District Judge No.II, Poonamallee.

P.B. BALAJI.J, ata A.S.No.53 of 2026 & CMP.No.1614 of 2026 24.04.2026