Madras High CourtAS/426/2021disposed of

Subashini v. Loganathan (Died)

2025-10-15Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-10-2025

CORAM

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL A.S.NO.426 of 2021 AND C.M.P.NO.18362 OF 2021 AND CROS.OBJ NO.77 OF 2022 IN A.S.NO.426 OF 2021 Mrs.Subashini ...Appellant/1 st Defendant Vs 1.P.Loganathan (Died) ...1 st Respondent/ Plaintiff 2.Mrs.Sunitha ...2 nd Respondent/2 nd Defendant 3.Mrs. L.Malathi @ Mala R1 Died. R3 is brought on record as LRs of the deceased R1 vide court order dated 04.07.2025 made in CMP.Nos.21769, 21926, 21925 of 2022 in A.S.No.426/2021 by this Court ...3 rd Respondent PRAYER Appeal Suit filed under Section 96 of the Code of Civil Procedure, 1908, to set aside the Judgment and Decree dated 11.08.2021 made in O.S.No.87/2015 on the file of the I Additional District Judge, Tiruvallur, allow the Appeal Suit.

For Appellant :

Ms.R.Venmani for Mr.M.Akbar Basha For Respondent-1:

For Respondent-2:

Died Ms.B.Meenakshi for Mr.I.Murugan Mr.K.Premkumar For Respondent-3:

JUDGMENT

Ms.R.Venmani representing Mr.A.K.Akbar Basha, learned counsel on record for the appellant, Ms.B.Meenakshi representing Mr.I.Murugan, learned counsel for the second respondent and Mr.K.Premkumar, learned counsel for the third respondent are before this Court. 2.Learned counsel appearing on either side submitted that the matter has been settled between the parties before the Mediation Centre attached to this Court.

3.This Court has received the Mediation Report dated August 19, 2025. Perused the case file, Mediation Report and Memorandum of Compromise dated August 19, 2025 filed by the parties. The Memorandum of Compromise and the Mediation Report are hereby recorded.

4.The Appeal Suit and the Cross Objection are disposed of in terms of the Memorandum of Compromise and the Mediation Report. The Memorandum of Compromise shall form part and parcel of the Decree. In view of the facts and circumstances of this case, there shall be no order as to costs. Consequently, connected Civil Miscellaneous Petition is closed. 5.Registry is directed to refund the Court Fee paid in this Appeal Suit as well as the Cross Objection in view of the judgment of Hon'ble Supreme Court in Registrar General -vs- M.C.Subramaniam and Others, reported in 2021 Online SC 109.

15.10.2025 Index:Yes/No Speaking/Non-speaking order pam To The I Additional District Judge, Tiruvallur.

R.SAKTHIVEL, J.

pam 15.10.2025