Get-N-Give Finance And Investment P. Ltd v. M.Kannan (Died)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2025 CORAM :
THE HONOURABLE MR.JUSTICE P.B. BALAJI 1.Get-N-Give Finance and Investment P Ltd., Rep. by its Director Sandhya S.Shah Having office at No.116 Triveni Apartments, No.158/A/16 Barracah Road Opp. to Secretariat Colony, Chennai - 600 010 2.Baby Finance and Investment P. Ltd Rep. by its Director Snehlata S.Shah Having office at No.26/2, 3rd Floor, Singapore Plaza, 164,Linghi Chetty Street, Chennai-600001
3. Neha B Shah Rep. by P.O.A. Mr.Kiran K Shah No.116 Triveni Apartments, No.158/A/16, Barracah Road, Kilpauk, Chennai-600010 4.Sandhya S Shah No.213 and 214 Rajendra Apartment, 158, Berracah Road, Kellys, Chennai-10.
(cause title accepted vide order dated 15.03.2022 made in CMP No. 4228 of 2022 in AS Sr.No. 104061 of 2021) .. Appellants vs 1.M.Kannan (Died) 2.M.Malleswari 3.S.Lakshmanan 4.S.Ravichandran 1/11
G.Natarajan (Died) 5.Jayaraman 6.Ashok Chandrakant A Shah (Died)
7. Prasant C Shah 8.Dipesh C Shah 9.Krupesh C Shah Mrs. Damayanti C Shah (Died) 10.Aarti R.Sanghvi 11.Rohit B Sanghvi 12.K.V.Joshi 13.Hastimal 14.Dipesh G.Darji 15.Virendra Bhai K.Darji 16.Indiraben P.Darji 17.Mayank Kumar H. Shah 18.Jagrutiben M.Shah 19.V.A.Shah 20.Mohanbhai Phoolwala 21.G.F.Fadia 22.J.G.Fadia 23.Latha 24.Srinivasan 25.Usha (R23 to R25 are brought on record as Lrs of deceased R1 vide order dated 18.6.25 made in CMP Nos. 13421, 13425 & 13428/25 in AS No. 161 of 2022) .. Respondents Prayer : Appeal filed under Section 96 of the Code of Civil Procedure against the judgment and decree in O.S.No. 7207 of 2010 (earlier C.S.No. 108 of 2001) dated 05.04.2021 on the file of the learned V Additional City Civil Court, Chennai.
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For Appellants :
Mr.T.Vardhaman Jain For Respondents :
Mr.G.Sugumaran for R23 to R5 R1 - Died R2,4 to 6, 13 to 18, 21 & 22 - No such person R19 & 20 - Insufficient address R12 - Service awaited R7 to R11 - want of street name, nagar R3 - No such door number
JUDGMENT
Pending appeal, the contesting appellants, who are plaintiffs 1,2,11 and 22 and the appellants in the first appeal and the contesting respondent Nos. 23 to 25 have amicably resolved all the differences and disputes.
2.
A joint memo of compromise duly signed by parties viz., contesting appellants and respondents, dated 28.10.2025 is filed before this Court and the scanned reproduction is as follows:- 3/11
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3.
In furtherance of the joint memo of compromise, the respondents have taken out three Demand Drafts (i) of a sum of Rs.4,15,000/- (D.D.No. 496247, IOB Perambur Market Branch), (ii) 8/11
of a sum of Rs.4,20,000/- (D.D.No. 287287, Indian Bank, Perambur Market) and (iii) a sum of Rs. 4,15,000/- (DD No. 044133, Indian Bank, Perambur) in favour of the fourth appellant in this appeal, in full and final settlement of the claims of the contesting appellants 1, 2, 11 and 22. The compromise also records the fact that respondent nos. 2 to 6 and 7 to 22 are given up in the appeal as there is no relief as against them.
4.
Mr.G.Sugumaran, learned counsel appearing for respondent Nos. 23 to 25, would invite my attention to Clause 7 wherein the parties have agreed that the original documents of title shall be returned by the Registry to respondent Nos. 23 to 25 through counsel.
5.
The parties are also present before this Court and they also admit that they have signed the joint memo of compromise voluntarily and no coercion or undue influence has been exercised by any person. The Joint Memo of Compromise is recorded. 6.
Registry shall return the original documents marked as Exs. A31, A36, A55, A56, A57 and B2 to the learned counsel for respondents, across substitution of the same with certified copies. 9/11
Registry shall not insist on any formal application and upon production of the certified copies along with a memo, the Registry shall return the originals to the counsel for respondent Nos. 23 to 25.
7.
A.S.No. 161 of 2022 stands disposed of in terms of the joint memo of compromise and the memo of compromise dated 28.10.2025 shall form part of this decree.
28.10.2025 Index:Yes/No ssm To The learned V Additional City Civil Court, Chennai.
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P.B. BALAJI, J., ssm 28.10.2025 11/11