The High Court allowed a first appeal under Section 96 CPC where the appellant and respondents filed a joint compromise memo before a mediation centre, recording the settlement as part of the decree.
The First Appeal is allowed. The Joint Memo of Compromise shall form part of the decree. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.S.No.256 of 2007
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MR.JUSTICE S.SOUNTHAR
A.S.No.256 of 2007
M/s.C.S.I.Trust Association a Company registered under the Indian Companies Act, 1930, having its Office at Chennai, represented by its duly constituted Power of Attorney Rt.Rev.Dr.M.Dorai, Son of Late M.Manickam Bishop in Coimbatore Diocese and Mr.P.S.Swamidoss Son of Late S.Ponniah Hon.Treasurer and their Successors duly appointed by the Plaintiff from time to time
... Appellant
Vs.
1.M/s.Prasad Associates a Firm by its Partner M.V.Prasad, No.2 Seetharam Avenue Saradha College Road Salem – 636 007.
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2.M.V.Prasad
3.Mudhra Prasad
4.M.Seetharamaiah ... Respondents
Prayer : First Appeal is filed under Section 96 of the Code of Civil Procedure, against the judgment and decree dated 18.08.2006 made in O.S.No.128 of 2004 on the file of the Additional District Court, Fast Track Court No.I, Salem.
For Appellant : Mr.A.Immanuel
For R1 to R3 : Mr.Francis Cedric D'cruz for Mr.P.B.Ramanujam
J U D G M E N T
(Judgment of the Court was delivered by V.M.VELUMANI,J.)
This First Appeal has been filed against the judgment and decree dated 18.08.2006 made in O.S.No.128 of 2004 on the file of the Additional District
Court, Fast Track Court No.I, Salem.
2.The appellant as a plaintiff filed a suit in O.S.No.128 of 2004 on the
file of the Additional District Court, Fast Track Court No.I, Salem, against the respondents for recovery of possession and arrears of rent. The said suit was 2/5
A.S.No.256 of 2007
dismissed by the judgment and decree dated 18.08.2006. Challenging the said judgment and decree, the appellant has come out with the present appeal.
3.When the appeal is taken up for hearing, the learned counsel appearing for the appellant as well as the respondents submitted that the parties have entered into compromise, arrived at settlement and filed joint memo of compromise dated 29.04.2022, before the Tamil Nadu Median and Conciliation Centre, attached to this Court. As per the order of this Court dated 13.06.2022, the appellant produced Power of Attorney dated 07.09.2021 and Authorisation letter issued by the Church of South India Trust Association, Coimbatore Diocese dated 02.04.2022 authorising Administrative Committee of the CSI Coimbatore Diocese viz., (1) Rt.Rev.Timothy Ravinder, Bishop (2) Mr.Arthur Sadhanandham, Finance Administrator and (3) Mr.Rev.L.David Barnabas, Administrative Secretary to negotiate the settlement in the mediation process with respondents.
4.Today, the appellant, respondents and Mr.Rev.L.David Barnabas,
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Administrative Secretary of CSI Coimbatore Diocese, appeared before this Court. They were identified by their respective counsel. The Joint Memo of Compromise dated 29.04.2022, duly signed by both the appellant as well as respondents and their respective counsel, Finance Administrator, Administrative Secretary and Convenor-Legal Committee, CSI Coimbatore Diocese, is taken on file and the same is recorded. Recording the Joint Memo of Compromise and the submissions of the learned counsel appearing for the appellant as well as the respondents, this First Appeal is allowed. The Joint Memo of Compromise shall form part of the decree. No costs.
(V.M.V., J) (S.S., J)
24.06.2022
Index : Yes / No kj
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A.S.No.256 of 2007
V.M.VELUMANI,J. and S.SOUNTHAR,J.
kj
To
1.The Additional District Judge, Fast Track Court No.I, Salem.
2.The Section Officer VR Section High Court Madras.
A.S.No.256 of 2007
24.06.2022
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1 issue framed by the court
Whether to allow the first appeal against the judgment and decree in a suit for recovery of possession and arrears of rent when parties have compromised.
1 provisions across 1 enactments
M/s.C.S.I.Trust Association
M/s.Prasad Associates
M.V.Prasad
Mudhra Prasad
M.Seetharamaiah
V.M.VelUMANI
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
