Karunakaran v. Vairavan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI and C.M.P.(MD)No.18513 of 2025 Karunakaran ... Appellant Vs.

Vairavan ... Respondent P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code to set aside the judgment and decree dated 23.08.2023 passed by the Principal District Judge, Thanjavur in A.S.No.2 of 2023, confirming the judgment and decree dated 10.06.2022 passed in O.S.No.30 of 2018, by the Additional Subordinate Judge, Thanjavur.

For Appellant : Mr.T.Lenin Kumar For Respondent : Mr.R.Rajaraman 1/5

JUDGMENT

By order dated 24.11.2025, the parties were referred to the Mediation and Conciliation Centre attached to the Madurai Bench of Madras High Court. At the Mediation Centre, the parties have successfully reached at an amicable settlement agreement, which is reduced to writing in settlement agreement dated 12.12.2025. The original settlement agreement is placed before this Court for further orders.

2.I find that the parties and their respective Counsel have signed the said settlement agreement dated 12.12.2025. Counsel for the parties seek for a decree to be passed in terms of the settlement agreement dated 12.12.2025.

3.In the light of the above, the Second Appeal is decreed in terms of Clauses 6A & 6B and Clause 7 of the Settlement agreement dated 12.12.2025. Settlement agreement shall form part and parcel of the decree. Learned Counsel for the appellant inviting my attention to clause 6B would state that the parties have agreed that original of Ex.A4 to be returned to appellant, for which respondent has no objection. In the light of the above, it shall be 2/5

open to the appellant to take out a formal application before the Additional Subordinate Court, Thanjavur, seeking return of Ex.A.4. On such application, the Additional Subordinate Judge, Thanjavur, shall ensure that the same is returned to the appellant within a period of four [4] weeks.

4.In the light of the above, the Second Appeal is disposed of, in terms of the Settlement Agreement dated 12.12.2025 and a decree shall be drawn up in terms of Clauses 6A, 6B & 7 of the said Settlement Agreement dated 12.12.2025. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

12.03.2026 Index : Yes / No NCC :

Yes / No MR 3/5

To 1.The Principal District Judge, Thanjavur.

2.The Additional Subordinate Judge, Thanjavur.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

4/5

P.B.BALAJI, J.

MR JUDGMENT MADE IN 12.03.2026 5/5