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Madras High CourtCMP(MD)/18451/2025allowed

Balakrishnan v. 1.M.Sivaraman (Died) 2. Saroja

2025-12-08Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR C.M.P.(MD)No.18451 of 2025 and S.A.(MD)No.409 of 2002 1.Balakrishnan 2.S.Pushbasundari 3.M.Rathina

...Petitioners/Respondents 3, 5 & 6

Vs

1. 1.M.Sivaraman (Died)

2. Saroja

3. Veeraragavan

4. Vijayalakshmi

5. Rajeswari

6. Maheswari

7. Veeramadhavan

...Respondents 1 to 7/Appellants 1 to 7

8. M.Sivashanmugam (died)

9. M.Periyasamy (died)

10. Saravanan

11. Somasundari

12. Rathina Maheswari

13. Meenakshi

...Respondents 8 to 13/Respondents

1, 2, 4, 7 to 9 1/4

PRAYER: Civil Miscellaneous Petition is filed under Sections 151 and 152 of C.P.C., to amend the paragraph No.18 of the Joint compromise memo in the above S.A.No. 409 of 2002 as detailed hereunder. For Petitioners : M/s.K.Pandiarajan For Respondents : M/s.G.Sridharan

ORDER

The above said Second appeal was referred to Mediation and based upon the settlement reached between the parties in the Mediation Centre, this Court has passed an order 04.06.2025 disposing of the Second appeal in terms of the compromise memo.

2. Now an application has been filed seeking to amend the paragraph No. 18 of the joint compromise memo on the ground that the array of the parties has been wrongly mentioned.

3. When the Court pointed out that without amending the compromise memo, the order of this Court cannot be amended, the parties have entered into amended compromise memo and the said amended compromise memo has been signed by all the parties and their respective counsels incorporating the correct array of the parties.

2/4

4. In view of the said joint compromise memo filed before this Court dated 20.11.2025, the Registry is directed to delete the compromise memo recorded by this Court in paragraph No.2 and incorporate the new compromise memo and issue a fresh order copy. Accordingly, this Civil Miscellaneous Petition stands allowed.

08.12.2025 RJR 3/4

R.VIJAYAKUMAR , J.

RJR C.M.P.(MD)No.18451 of 2025 and S.A.(MD)No.409 of 2002 08.12.2025 4/4