Disposed¶28

Mr. R.Jayakumar, v. Mrs. R.Sundari

Madras HC5 Mar 2025AS/1238/2015

Case brief

AI extract

What is this about?

Consent/settlement disposal of first appeal (A.S.) before Madras High Court by recording a joint memo of compromise; trial court judgment and decree set aside; final decree passed; Section 96 Civil Procedure Code; Order 41 Rule 1 CPC; IVth Additional Judge, City Civil Court, Chennai; O.S.No.6806 of 2011; no costs; connected miscellaneous petitions closed; decided 05.03.2025; judge V.Sivagnanam.

What did the court decide?

Joint memo of compromise recorded; trial Court judgment and decree set aside and final decree passed in terms of the compromise memo; appeal disposed of with no costs; connected miscellaneous petitions, if any, closed. ¶28

Mr. R.Jayakumar, Vs Mrs. R.Sundari — Madras HC (2025) — LawSathi Research

¶1

A.S.No.1238 of 2015

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 05.03.2025

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

¶6

A.S.No.1238 of 2015

¶7

R.Jayakumar ...Appellant

Vs.

1.R.Sundari

2.R.Gowri

3.R.Kothandaraman

4.R.Vijayalakshmi 5.R.Jothilakshmi 6.R.Muthulakshmi ...Respondents

¶13

PRAYER: First Appeal has been filed under Section 96 of the Civil Procedure Code r/w Order 41 Rule 1 CPC against the judgment and decree of the IVth Additional Judge, City Civil Court, Chennai, dated 05.08.2015, made in O.S.No.6806 of 2011.

¶14

1/5

¶15

https://www.mhc.tn.gov.in/judis

¶16

For Appellants : Mr.M.Manivannan For R1 : M/s.M.S.Murali for R and P Partners For R2 to R5 : M/s.M.A.Lakshmipathi For R6 : Appeared in person J U D G M E N T

¶17

A.S.No.1238 of 2015

¶18

When the matter is taken up for hearing, the learned counsel

¶19

appearing for the parties submitted that the parties have arrived at a settlement and the matter has been settled out of Court and a joint memo of compromise has been filed in this regard.

¶20

2.Both sides parties are present. The terms of the compromise

¶21

have been explained to them and they have agreed that the compromise is true and they are ready to record the same.

¶22

3.Recording the submissions of the learned counsel appearing for

¶23

the parties as well as the parties, the above said joint memo of compromise is recorded.

¶24

2/5

¶25

https://www.mhc.tn.gov.in/judis

¶26

A.S.No.1238 of 2015

¶27

4 . In pursuance of the joint compromise memo, the judgment and

¶28

decree of the Trial Court is hereby set aside and a final decree is passed. The abovesaid joint compromise memo shall form part and parcel of this order. Accordingly, this Appeal Suit stands disposed of. No costs. Consequently, connected miscellaneous petitions, if any, are also closed.

¶29

05.03.2025

¶30

sli Internet:Yes Index:Yes/No Speaking/Non speaking order NCC: Yes/No

¶31

To:

¶32

The IVth Additional Judge, City Civil Court,

¶33

Chennai.

¶34

NOTE: Registry is directed to issue order copy on 10.03.2025.