Madras High CourtOSA/180/2019dismissed as settled out of court

P.Kumaran v. V.Ramaswami

2026-02-17Honourable Mr Justice C.V. Karthikeyan,Honourable Mr.Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-02-2026

CORAM

THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU 1.Mr.P.Kumaran 2.P.Chakravarthy ..Appellant(s) Vs.

1.Mr.V.Ramaswami 2.Mrs.Sarojini Ramaswami(Deceased) 3.R.Geetha 4.R.Bhamini 5.Dr.Uma Ramaswami 6.Sanjay Ramaswami (R6 is impleaded vide Court order dated 23.03.2022 made in C.M.P.No.2535/2022 in OSA.No.180/2019) ..Respondent(s) 1/4

Prayer:

Original Side Appeal filed under Order XXXVI Rule 1 of O.S. Rules, read with Clause 15 of Letters Patent, praying to set aside the judgment and decree in C.S.No.121 of 2007 dated 25.03.2019, allow the appeal, decree the suit. For Appellant(s) :

Mr.Selvaraj V.

For Respondent(s) :

Mr.M.Umashankar (For R6) R2 - Died R1, R3 to R5 - No appearance

JUDGMENT

(Judgment of the Court was delivered by C.V.Karthikeyan J.) The Original Side Appeal has been filed to set aside the judgment and decree in C.S.No.121 of 2007 dated 25.03.2019, allow the appeal, decree the suit.

2. Mr.V.Selvaraj, learned counsel for the appellants, had presented before us a Joint Memorandum of Compromise filed by the appellants and the 6th respondent dated 17.02.2026. The same had been signed by the first appellant on his behalf and on behalf of the 2nd appellant, his own brother.

3. Quite apart from that, Mr.V.Selvaraj, learned counsel for the appellants, had also forwarded a copy of the letter addressed by the 2nd appellant, authorizing the first 2/4

appellant to enter into a settlement with the 6th respondent. A copy of the notarial certificate dated 13.02.2026, by which the 2nd appellant had executed a Power of Attorney in favour of the first appellant, has also been produced before this Court.

4. The learned counsel for the 6th respondent also affirmed that the parties have entered into a settlement in accordance with the terms presented before us. The first appellant is also present before this Court and affirmed that he is acting on behalf of the 2nd appellant, who is his brother and that the 2nd appellant is aware of the terms of the settlement and has also affirmed the same.

5. In view of all these facts, the Original Side Appeal stands dismissed as settled out of Court. The Joint Memorandum of Compromise shall form part of the judgment and decree. The copy of the notarial certificate dated 13.02.2026 shall also form part of the judgment and decree. The appellants are entitled for refund of Court fees in accordance with the Rules. No costs.

(C.V.K.,J.) (K.B.,J.) 17-02-2026 Index: Yes/No Speaking/Non-speaking order kak 3/4

C.V.KARTHIKEYAN, J.

AND K.KUMARESH BABU, J.

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