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Madras High CourtAS/864/2018disposed of

K.Schandrasekar v. M.Shanmugam (Died)

2026-07-01Honourable Mrs.Justice R. Kalaimathi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-07-2026

CORAM

THE HON'BLE MRS.JUSTICE R. KALAIMATHI K.S.Chandrasekar S/o.Late M.Shanmugam, D.No.5/237, Kalappanaickenpalayam, Somayampalayam, Coimbatore.

..Appellant(s) Vs M.Shanmugam (died) S.Karpagavalli, W/o.R.Swaminathan, D.No.63/41-A, Vinayakar Koil Street, Kuppichipalayam, S.R.K.V.Post, Coimbatore.

..Respondent(s) Prayer: This Appeal Suit is filed under Section 96 of Civil Procedure Code, 1908, r/w Order 41 and 41-A of Civil Procedure Code, 1908, to set aside the Decree and Judgement passed on 31.07.2017 in OS.No.73 of 2012 on the file of III-Additional District and Sessions Judge, Coimbatore. For Appellant(s) :

Mr.P.Chandrasekar For Respondent(s):

Mr.C.R.Prasanan

J U D G M E N T

The appellant-K.S.Chandrasekar and the second respondentS.Karpagavalli are present along with their respective counsel.

2.The learned counsels would submit that compromise has been entered into between the parties before the Tamil Nadu Mediation and Conciliation Centre attached to this Court and joint compromise memo is also drawn. But the 3 plans (S.No.I.437/4A1A1, Somayampalayam Village, S.No.II.321/1B, Somayampalayam Village and S.No.III.319/2, Somayampalayam Village) have been since annexed along with the compromise memo.

3.The joint compromise memo is taken on record. 4.Heard the learned counsel for the appellant and the learned counsel for the respondent.

5.Another Joint Memo along with amended copy of the decree has been filed by the learned counsels for both sides to the effect that Item No.1 of the suit properties was in the first instance omitted to be mentioned in the decree and at the instance of the plaintiff (I.A.No.210 of 2018), the said Item was included and modified as per order dated 08.02.2018 of the Trial Court. Modified decree is also enclosed along with this memo. The said Joint Memo is taken on record.

6.The respondent/plaintiff also undertakes to take steps to file final

decree as per the joint compromise.

7.Recording the said submissions, this Appeal Suit is disposed of in terms of joint compromise memo. Joint compromise memo shall form part of the decree. No costs.

01-07-2026 Index: Yes/No Speaking/Non-speaking order nvi To 1.The III-Additional District and Sessions Judge, Coimbatore.

R.KALAIMATHI, J.

nvi A.S.No. 864 of 2018 01-07-2026