M.Kannusamy v. P.Palanisamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.02.2026

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS. JUSTICE R. KALAIMATHI A.S(MD)No.15 of 2020 and C.M.P(MD)No.707 of 2020 M.Kannusamy ... Appellant / Defendant Vs P.Palanisamy ... Respondent / Plaintiff PRAYER :- Appeal Suit is filed under Section 96 r/w Order 41 Rule 31 of C.P.C to to allow this first appeal setting aside the judgment and decree dated 07.09.2019 made in O.S.No.142 of 2017 on the file of the I Additional District Court, Madurai.

For Appellant : Mr.R.G.Shankar Ganesh 1/4

For Respondent : Mr.A.Shahul Hameed

JUDGMENT

(Judgment of the Court was made by G.R.Swaminathan J.) The defendant in O.S.No.142 of 2017 on the file of the learned I Additional District Judge, Madurai is the appellant. This appeal arises out of suit on mortgage. The matter was referred to the Mediation Centre. The mediation report has been filed. It is seen that all the outstanding issues between the parties have been amicably settled. This Appeal Suit is disposed of in terms of the joint compromise memo dated 19.11.2025, which has already been filed. It is signed by the learned counsel as well as by the respective parties. Since the matter has been settled out of the Court, the appellant is entitled to the refund of the Court fee. Ex.A1 to Ex.A3 (mortgage deed and the sale deeds) were marked on the side of the respondent. The original documents shall be returned to the appellant.

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2.This Appeal Suit is disposed of in terms of the aforesaid compromise memo which shall form part of the decree. No costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [R.K.M, J.] 20.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA To I Additional District Court, Madurai.

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G.R.SWAMINATHAN, J.

AND R.KALAIMATHI , J.

MGA A.S(MD)No.15 of 2020 20.02.2026 4/4