N.Swami v. Parimalam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2025

CORAM

THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI S.A. No.469 of 2025 and C.M.P. No.15385 of 2025 N. Swami ...Appellant Vs.

1. Parimalam

2. Arulmozhi

3. Revathi

4. Ananthan @ Kandasamy

5. Mani @ Kandasamy

...Respondents

Prayer: This Second Appeal is filed under Section 100 of the code of Civil Procedure, against the judgment and decree dated 28.10.2024 made in A.S. No.46 of 2020 passed by the learned II Additional District Judge, Thiruchengode, confirming the judgment and decree dated 16.12.2019 made in O.S. No.89 of 2008 passed by the learned Subordinate Judge, Thiruchengode.

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For Appellant : Mr. R. Vivekanandan For Respondents : Mr. Dayalu Suresh Kumar for R1 to R4 R5 - Unclaimed

JUDGMENT

This Second Appeal is filed against the judgment and decree dated 28.10.2024 made in A.S. No.46 of 2020 passed by the learned II Additional District Judge, Thiruchengode, confirming the judgment and decree dated 16.12.2019 made in O.S. No.89 of 2008 passed by the learned Subordinate Judge, Thiruchengode.

2. With the consent of both the parties the matter was referred to the Mediation and Conciliation Centre, Tiruchengode, for arriving at an amicable settlement between the parties. Accordingly settlement was arrived at between the parties and a Mediation Report of the Chairman / II Additional District Judge, Taluk Mediation Sub Centre, Tiruchengode, in D.No.1610/2025 dated 16.10.2025 along with the Memorandum of 2/9

Compromise dated 10.10.2025 entered into between the parties, duly signed by both the appellant / plaintiff and the 4th respondent / 11th defendant and their counsels, is filed and the same is recorded. In the report, it is stated that though the matter was settled and settlement was arrived, the same could not be recorded since the 5th respondent had not appeared before the Mediation and Conciliation Centre and that it was informed by the counsel for the respondents 1 to 4 that the 5th respondent Mani @ Kandasamy remained ex parte in A.S. No.46/2020.

3. When the matter is taken up for hearing today, the learned counsel for the appellant filed a memo dated 22.10.2025 stating the matter has been settled before the Mediation and Conciliation Centre, Tiruchengode, along with a copy of the Memorandum of Compromise dated 10.10.2025 entered into between the parties. The said memo is recorded and the Memorandum of Compromise dated 10.10.2025 entered into between the parties is scanned hereunder:

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4. The Second Appeal in S.A. No.469 of 2025 is disposed of in accordance with the memorandum of compromise arrived at between the parties in the Mediation and Conciliation Centre, Tiruchengode. The memorandum of compromise shall form part and parcel of the decree in S.A.No.469 of 2025. No costs. Consequently, connected civil miscellaneous petition is closed.

5.The Court fee shall be refunded to the appellant as per rules. 04.11.2025 bga Internet:Yes/No Index:Yes/No Speaking/Non-speaking order To

1. The II Additional District Judge, Thiruchengode.

2. The Subordinate Judge, Thiruchengode.

3. The Section Officer, VR Section, High Court, Madras.

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K.GOVINDARAJAN THILAKAVADI, J.

bga S.A. No.469 of 2025 and C.M.P. No.15385 of 2025 04.11.2025 9/9