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Chinnadurai Vs Kamatchi Nadar — Madras HC (2025) — LawSathi Research

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Madras HC
2025
Chinnadurai Vs Kamatchi NadarChinnadurai v. Kamatchi Nadar

Disposed¶26

Chinnadurai v. Kamatchi Nadar

CIVIL PROCEDURE CODE – Section 100 – Second Appeals

Madras HC16 Apr 2025SA/501/2024

Case brief

AI extract

What is this about?

Madras High Court, N. Mala, J., 16-04-2025; Chinnadurai v. Kamatchi Nadar; three second appeals under Section 100 of the Civil Procedure Code (S.A.Nos. 501-503 of 2024) arising from decrees of the Sub Judge, Thiruvottiyur in A.S.Nos. 75, 74 and 70 of 2022 on trial decrees of the District Munsif, Thiruvottiyur (O.S.Nos. 1 and 3 of 2008 confirmed; O.S.No. 198 of 2006 reversed) disposed of on the basis of an amicable settlement through the Tamil Nadu Mediation and Conciliation Centre; Joint Compromise Memo dated 18.10.2024 made part of the order; appeals and CMPs closed, no costs; no substantive issues framed or decided.

What did the court decide?

No adjudicatory relief granted; the second appeals were closed pursuant to the amicable settlement recorded in the Joint Compromise Memo dated 18.10.2024, which forms part and parcel of the order; connected Miscellaneous Petitions closed; no order as to costs.

Why is it important?

Recording the submissions of counsel and taking note of the Joint Compromise Memo dated 18.10.2024 evidencing the amicable settlement reached through the Tamil Nadu Mediation and Conciliation Centre, the Court closed the second appeals (S.A.Nos. 501 to 503 of 2024) and directed that the Joint Compromise Memo form part and parcel of the order. ¶26

What the court decided

AI extract

Outcome

No adjudicatory relief granted; the second appeals were closed pursuant to the amicable settlement recorded in the Joint Compromise Memo dated 18.10.2024, which forms part and parcel of the order; connected Miscellaneous Petitions closed; no order as to costs.

Ratio / Principle

Recording the submissions of counsel and taking note of the Joint Compromise Memo dated 18.10.2024 evidencing the amicable settlement reached through the Tamil Nadu Mediation and Conciliation Centre, the Court closed the second appeals (S.A.Nos. 501 to 503 of 2024) and directed that the Joint Compromise Memo form part and parcel of the order.

Key takeaways

No order was made as to costs, and the connected Miscellaneous Petitions (CMP.Nos. 15290, 15294, 15302 and 15311 of 2024) were also closed.ratio¶26

Detailed headnote1 paragraphs

CIVIL PROCEDURE CODE - Section 100 - Second Appeals - Disposal on amicable settlement through mediation. S.A.Nos. 501 to 503 of 2024 (with CMP.Nos. 15290, 15294, 15302 and 15311 of 2024), preferred by Chinnadurai against the decrees dated 30.11.2022 of the Sub Judge, Thiruvottiyur in A.S.Nos. 75, 74 and 70 of 2022 (which confirmed the decrees dated 11.03.2016 in O.S.Nos. 1 and 3 of 2008 and reversed the decree in O.S.No. 198 of 2006 of the District Munsif, Thiruvottiyur), were referred on 25.07.2024 to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras. On report of an amicable settlement and filing of the Joint Compromise Memo dated 18.10.2024, N. Mala, J., recorded the settlement, closed the second appeals and the connected Miscellaneous Petitions, directed that the Joint Compromise Memo form part and parcel of the order, and made no order as to costs.

A

SA NO. 501 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-04-2025

CORAM

THE HONOURABLE MRS JUSTICE N. MALA

S.A Nos. 501 to 503 of 2024

and

CMP.Nos. 15290, 15294, 15302 and 15311 of 2024

Chinnadurai ..Appellant in all appeals Vs

Kamatchi Nadar ..Respondent in all appeals

Prayer in S.A.No. 501 of 2024: Second Appeal is filed under Section 100 of the Civil Procedure Code against the Decree and Judgment dated 30.11.2022 made in A.S.No. 75 of 2022 on the file of Sub Judge, Thiruvottiyur confirming the Decree and Judgment dated 11.03.2016 made in O.S.No. 1 of 2008 on the file of the District Munsif, Thiruvottiyur.

Prayer in S.A.No. 503 of 2024: Second Appeal is filed under Section 100 of the Civil Procedure Code against the Decree and Judgment dated 30.11.2022 made in A.S.No. 70 of 2022 on the file of Sub Judge, Thiruvottiyur reversing the Decree and Judgment dated 11.03.2016 made in O.S.No. 198 of 2006 on the file of the District Munsif, Thiruvottiyur.

Prayer in S.A.No. 502 of 2024: Second Appeal is filed under Section 100 of the Civil Procedure Code against the Decree and Judgment dated 30.11.2022 made in A.S.No. 74 of 2022 on the file of Sub Judge, Thiruvottiyur confirming the Decree and Judgment dated 11.03.2016 made in O.S.No. 3 of 2008 on the file of the District Munsif, Thiruvottiyur.

1

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

SA NO. 501 of 2024

For Appellant : ( In all the appeals)

Mr.A.Swaminathan

For Respondent: Mr.R.Krishnasamy ( In all the appeals)

COMMON JUDGMENT

By order dated 25.07.2024, this Court, at the request of the learned counsel appearing for the parties concerned, referred the matter to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, to explore the possibility of an amicable settlement.

Today, it is reported by the learned counsel appearing for the parties that an amicable settlement has been arrived at between the parties through mediation, and they have entered into a Joint Compromise Memo to that effect. The said Joint Compromise Memo, dated 18.10.2024, is filed before this Court.

2

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

SA NO. 501 of 2024

Recording the submissions made by the learned counsel appearing for the parties concerned, and taking note of the Joint Compromise Memo dated 18.10.2024, these second appeals are closed. The said Joint Compromise Memo shall form part and parcel of this order. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are also closed.

16-04-2025

Index: Yes/No Internet :Yes/No

ak

To

The Sub Judge, Thiruvottiyur.

The District Munsif, Thiruvottiyur.

The Section Officer, V.R Section, High Court, Madras.

3

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

SA NO. 501 of 2024

N. MALA, J

ak

To Kamatchi Nadar S/o. Muthukaathava Nadar, No.14/1, Kanakkar Street, Thiruvottiyur, Chennai-600019.

S.A Nos. 501 to 503 of 2024

and CMP.Nos. 15290, 15294, 15302 and 15311 of 2024

16.04.2025

4

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

Statutes considered

1 provisions across 1 enactments

AI extract

Civil Procedure CodeSection 100¶11

Procedural history

How this case reached the court

AI extract

Order under challenge
Decree and Judgment dated 30.11.2022 made in A.S.No. 75 of 2022 by the Sub Judge, Thiruvottiyur, confirming the trial court Decree and Judgment dated 11.03.2016 in O.S.No. 1 of 2008 (District Munsif, Thiruvottiyur); challenged under Section 100 of the Civil Procedure Code in S.A.No. 501 of 2024. Companion second appeals S.A.Nos. 502 and 503 of 2024 challenge decrees dated 30.11.2022 in A.S.Nos. 74 and 70 of 2022 of the same forum.¶11
Sub Judge, Thiruvottiyur · 30.11.2022
Prior proceeding
Trial court suit O.S.No. 1 of 2008 (District Munsif, Thiruvottiyur) decided on 11.03.2016; its decree was confirmed by the first appellate decree in A.S.No. 75 of 2022.¶11
Prior proceeding
Trial court suit O.S.No. 198 of 2006 (District Munsif, Thiruvottiyur) decided on 11.03.2016; the first appellate decree in A.S.No. 70 of 2022 reversed the trial court decree.¶12
Prior proceeding
Trial court suit O.S.No. 3 of 2008 (District Munsif, Thiruvottiyur) decided on 11.03.2016; its decree was confirmed by the first appellate decree in A.S.No. 74 of 2022.¶13
Prior proceeding
On 25.07.2024 the Court referred the matter, at the request of counsel for the parties, to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, to explore an amicable settlement.¶21
Prior proceeding
Following mediation, an amicable settlement was reached and the parties filed a Joint Compromise Memo dated 18.10.2024 before the Court.¶22

Parties & counsel

AI extract

appellant
Chinnadurai¶9
Mr.A.Swaminathan
respondent
Kamatchi Nadar¶10
Mr.R.Krishnasamy

Coram

AI extract

N. MALAauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 16 Apr 2025 · April
Registered: 17 Jul 2024
Case no.: SA/501/2024
CNR: HCMA010643482023
Bench: N. Mala
Disposal: DISPOSED OF
Case type: S.A.

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Cite this judgement

Chinnadurai v. Kamatchi Nadar, SA/501/2024 (MAD), decided on 16 April 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Civil Procedure CodeSection 100

View all statutes

Procedural history6

Decree and Judgment dated 30.11.2022 made in A.S.No. 75 of 2022 by the Sub Judge, Thiruvottiyur, confirming the trial court Decree and Judgment dated 11.03.2016 in O.S.No. 1 of 2008 (District Munsif, Thiruvottiyur); challenged under Section 100 of the Civil Procedure Code in S.A.No. 501 of 2024. Companion second appeals S.A.Nos. 502 and 503 of 2024 challenge decrees dated 30.11.2022 in A.S.Nos. 74 and 70 of 2022 of the same forum.Sub Judge, Thiruvottiyur · 30.11.2022
Trial court suit O.S.No. 1 of 2008 (District Munsif, Thiruvottiyur) decided on 11.03.2016; its decree was confirmed by the first appellate decree in A.S.No. 75 of 2022.
Trial court suit O.S.No. 198 of 2006 (District Munsif, Thiruvottiyur) decided on 11.03.2016; the first appellate decree in A.S.No. 70 of 2022 reversed the trial court decree.

View full history

Bench / Coram

N. MALA

Parties & counsel