S.Neelakandan v. S.Thirunavukkarasu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2026 CORAM :
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN and Cross Obj.No.10 of 2026 and C.M.P.No.15855 of 2019 S.Neelakandan ... Appellant
Versus
1. S.Thirunavukarasu
2. S.Thiruvengadam
3. S.Arangannal (Died)
4. L.Rajeswari R3 died. Appellant and other respondents R1, R2 and R4 are LR's of the R3 vide Court order dated 17.07.2025 and memo dated 04.03.2025 (Memo recorded Sr.No.8380) ... Respondents Cross Objection No.10 of 2026 S.Thirunavukarasu ... Cross Objector
Versus
1. S.Neelakantan
2. S.Thiruvengadam S.Arangannal (Died)
3. L.Rajeswari ... Respondents Prayer in A.S.No.542 of 2019 : Appeal Suit filed under Section 96 and Order XLI Rule I of C.P.C., to set aside preliminary decree and judgment passed by Page No.1 of 10
the lower court on 08.01.2019 in O.S.No.36 of 2014 on the file of the District Court II, Kancheepuram, in so far as dismissal of suit in respect of declaration of title of the B Schedule property and grant such further or other reliefs. Prayer in Cross Obj.No.10 of 2026: Cross objection filed under Order 41 Rule 22 of C.P.C. seeking to modify the judgment and decree dated 08.01.2019 made in O.S.No.36 of 2014 on the file of District Judge, District Court No.II, Kancheepuram, by incorporating his share at 6/25 in both the schedule "A" and "B" properties.
For Appellants in A.S.No.542 of 2019 :
Mr.R.Chandrasekar For Cross objector in Cross Obj.No.10 of 2026 :
Mr.M.Kempraj For Respondents in :
Mr.E.Senthil Kumar for Mr.M.Kempraj for R1 Mr.Ravindran Venkatachalapathy for R2 R3 - Died Ms.R.K.Rithani for R4 For Respondents in Cross Obj.No.10 of 2026 :
Mr.R.Chandrasekar for R1 Mr.S.Kuberan for Mr.Ravindran Venkatachalapathy for R2 R3- Died M/s.R.K.Rithani for R4 Page No.2 of 10
COMMON JUDGMENT The appeal suit in A.S.No.542 of 2019 has been filed seeking to set aside the preliminary decree and judgment dated 08.01.2019 in O.S.No.36 of 2014 on the file of the District Court II, Kancheepuram, in so far as dismissal of suit in respect of declaration of title of the B Schedule property.
2. The cross objection in Cross Objection No.10 of 2026 has been filed seeking to modify the judgment and decree dated 08.01.2019 made in O.S.No.36 of 2014 on the file of District Judge, District Court No.II, Kancheepuram, by incorporating his share at 6/25 in both the schedule "A" and "B" properties.
3. Heard the learned counsel appearing on either side and perused the materials available on record.
4. When the matter is taken up for hearing today, learned counsel appearing for the parties submitted that, during the pendency of the above appeal, on the request made by either side, the matter has been referred to mediation for settlment. In pursuance of mediation held between the parties in the mediation centre attached with this Court, the parties have arrived at a compromise and to that effect the settlement agreement dated 09.01.2026 between the parties has been filed before the mediation centre, which has been signed by the parties and also by the learned counsel for the parties and prays to pass decree in terms of the settlement arrived between the parties.
5. In view of the above, the said settlement agreement dated 09.01.2026 Page No.3 of 10
entered between the parties is extracted herein: Page No.4 of 10
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6. Accordingly, the appeal suit and the cross objection are disposed of in terms of the settlement agreement dated 09.01.2026 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. Consequently, connected miscellaneous petition stands closed. No Costs.
06.02.2026 Index : yes/no Speaking/Non-Speaking order rap To The District Judge, District Court No.II, Kancheepuram Page No.9 of 10
M.JOTHIRAMAN, J., rap 06.02.2026 Page No.10 of 10