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Prem Chelliah v. Petchimuthu

Madras HC5 Nov 2025CMP(MD)/16420/2025

Case brief

AI extract

What is this about?

Recall of order under Section 151 CPC; mediation compromise memo (41.17% plaintiffs / 58.83% defendant of sale amount) not given effect to; withdrawal of suit O.S.No.61 of 2023, District Munsif Court, Melur; CRP(MD) No.1370 of 2025 dismissed as infructuous; ad-interim suspension petition closed; Madras High Court; parties Prema Chelliah v. Petchimuthu and Ganesha Pandi; Justice M.Dhandapani; decided 05.11.2025.

What did the court decide?

Recall of the order dated 18.06.2025 passed in CRP(MD) No.1370 of 2025 granted (CMP(MD) No.16420 of 2025 ordered); CMP(MD) No.16421 of 2025 closed as no separate order was required; parent Civil Revision Petition CRP(MD) No.1370 of 2025 dismissed as infructuous; no costs. ¶36

Prem Chelliah Vs Petchimuthu — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 18.06.2025 passed by this Court in CRP(MD) No.1370 of 2025 ought to be recalled, in view of the respondents/plaintiffs having withdrawn the suit without giving effect to the mediation compromise memo. +2 more

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Court's answer

The Court recalled its order dated 18.06.2025 passed in CRP(MD) No.1370 of 2025, since the respondents/plaintiffs instead of filing the compromise memo before the trial Court withdrew the suit and did not give effect to the mediation compromise; accordingly CMP(MD) No.16420 of 2025 was ordered.

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Ratio / Principle

No separate order was required in CMP(MD) No.16421 of 2025 (ad-interim suspension of the 18.06.2025 order) in view of the recall effected through CMP(MD) No.16420 of 2025, and that petition stands closed.

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Key takeaways

As the respondents/plaintiffs had withdrawn the suit pending before the trial Court, the prayer in the Civil Revision Petition for speedy disposal of the suit became infructuous; accordingly CRP(MD) No.1370 of 2025 is dismissed, with no costs.ratio¶40

Detailed headnote1 paragraphs

Madras High Court (M.Dhandapani J.), 05.11.2025 — CMP(MD) Nos.16420 & 16421 of 2025 in CRP(MD) No.1370 of 2025: Petitions under Section 151 of the Civil Procedure Code by the defendant (Prema Chelliah) to recall this Court's order dated 18.06.2025 in CRP(MD) No.1370 of 2025, whereby the plaintiffs (Petchimuthu and Ganesha Pandi) had been directed to file, before the trial Court in the pending suit O.S.No.61 of 2023 (District Munsif Court, Melur), the mediation compromise memo entitling them to 41.17% and the defendant to 58.83% of the sale amount. Since the plaintiffs instead withdrew the suit without giving effect to the compromise memo, the Court recalled the 18.06.2025 order, closed the companion petition seeking ad-interim suspension, and dismissed the parent Civil Revision Petition for speedy disposal of the suit as infructuous, without costs.

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CMP(MD) Nos.16420 & 16421 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.11.2025

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CORAM

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THE HONOURABLE MR JUSTICE M.DHANDAPANI CMP(MD)Nos.16420 & 16421 of 2025 in CRP(MD) No.1370 of 2025

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Prema Chelliah, W/o Chelliah, Plot No.4033, Tower 4, Estansia, Vallan Cheri, Near Koodvancheri, Chengalpattu. ... Petitioner/Respondent/ Defendant in both CMPs

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Vs.

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1.Petchimuthu S/o.P.S.Murugan

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2.Ganesha Pandi, S/o.P.S.Murugan ... Respondents/Petitioners/ Plaintiffs in both CMPs

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Prayer in CMP(MD)/16420/2025: This Civil Miscellaneous Petition is filed

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under Section 151 of the Civil Procedure Code, to recall the order passed by this Hon'ble Court in CRP(MD) No.1370 of 2025 dated 18.06.2025.

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Prayer in CMP(MD)/16421/2025: This Civil Miscellaneous Petition is filed under Section 151 of the Civil Procedure Code, seeking to grant an Ad-Interim

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order suspending of the operation and all further proceedings of the order

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

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CMP(MD) Nos.16420 & 16421 of 2025

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passed by this Hon'ble Court in CRP(MD) No.1370 of 2025 dated 18.06.2025.

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In both CMPs:

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For Petitioner(s): Mr. Janarthanan for Mr.M.Jerin Mathew For Respondent(s): Mr.R.Babu Jaganath

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COMMON ORDER

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These Civil Miscellaneous Petitions have been filed to recall the order passed by this Court in CRP(MD) No.1370 of 2025 dated 18.06.2025 and to grant an Ad-Interim order suspending the operation and all further proceedings of the order passed by this Court in CRP(MD) No.1370 of 2025 dated 18.06.2025.

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2.The petitioner is the respondent/defendant in CRP(MD).No.1370 of 2025 and he claims that he is the owner of a certain property. Challenging the title of the petitioner/defendant, the respondents/plaintiffs filed a suit in O.S.No. 61 of 2023 on the file of the District Munsif Court, Melur. For a speedy disposal of the said suit, the respondents/plaintiffs have filed the CRP(MD) No.1370 of 2025 and pursuant thereto, the Hon'ble Mr.Justice R.Vijayakumar referred the matter to mediation. In the mediation, the petitioner/defendant and respondents/plaintiffs arrived at a compromise and as pe the compromise arrived, the respondents/plaintiffs were entitled to receive 41.17% of the sale

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

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CMP(MD) Nos.16420 & 16421 of 2025

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amount and the petitioner/defendant was entitled to receive 58.83 % of the sale

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amount and the mediation report was placed before this Court.

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3.This Court by its Order dated 18.06.2025 disposed of CRP(MD) No. 1370 of 2025, by directing the respondents/plaintiffs to file the compromise

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memo before the trial Court in the pending suit, in the manner known to law. However, the respondents/plaintiffs instead of filing the compromise memo before the trial Court, withdrew the suit and the compromise memo arrived between the parties was not given effect to before the trial Court. Thereby, the petitioner/defendant has filed the present petitions to recall the order passed by this Court in CRP(MD) No.1370 of 2025 on 18.06.2025 and to grant an order of ad-interim injunction suspending the operation of the said order passed by this Court.

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4.The learned counsel appearing for the respondents/plaintiffs would submit that for getting more benefits, the respondents herein withdrew the suit in O.S.No.61 of 2023 before the trial Court, however on instructions he submitted that one more month time may be given to settle the entire issue and accordingly, prays for appropriate orders.

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5.In reply, the learned counsel for the petitioner/defendant would submit that admittedly, the petitioner/defendant is the owner of the suit property and

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

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CMP(MD) Nos.16420 & 16421 of 2025

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only due to an urgency(marriage in family), he had accepted to settle the issue through mediation. However, cunningly, the respondent/plaintiff without giving effect to the compromise memo, deprived the rights of the petitioner from getting the benefits and since the respondents/plaintiffs are not interested to pursue the mediation report, he prayed that the order passed by this Court in CRP(MD) No.1370 of 2025 be recalled and further, this Court may give liberty to the petitioner and respondents to work out their remedy in the manner known to law.

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6.Heard the learned counsel for the petitioner and the respondent and perused the materials available on record.

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7.This Court vide its order 18.06.2025 had directed the

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respondents/plaintiffs to file the compromise memo before the trial Court in the pending suit in the manner known to law. However, the respondents/plaintiffs withdrew the suit and have not given effect to the compromise memo arrived between the parties, in the mediation

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8.In view of the above, this Court deems it appropriate to recall the order passed by this Court in CRP(MD) No.1370 of 2025 dated 18.06.2025. Accordingly, the CMP(MD) No.16420 of 2025 is ordered and in view of the order passed in CMP(MD) No.16420 of 2025, there is no order required to be

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

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CMP(MD) Nos.16420 & 16421 of 2025

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passed in CMP(MD) No.16421 of 2025 and the same stands closed. Further, the respondents/plaintiffs withdrew the suit pending before the trial Court and therefore, the prayer sought in the Civil Revision Petition for speedy disposal of

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the Suit has become infructuous and accordingly, the Civil Revision Petition is also dismissed. No costs.

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05.11.2025 (½)

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Tsg Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To

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