Disposed¶7

K.Schandrasekar v. M.Shanmugam (Died)

Madras HC1 Jul 2026AS/864/2018

Case brief

AI extract

What is this about?

Keywords: Madras High Court; AS No. 864 of 2018; R. Kalaimathi; appeal disposed by joint compromise memo; Tamil Nadu Mediation and Conciliation Centre; Section 96 Civil Procedure Code 1908; Order 41 and 41-A CPC; OS.No.73 of 2012; III-Additional District and Sessions Judge Coimbatore; decree dated 31.07.2017; I.A.No.210 of 2018; Trial Court order dated 08.02.2018; Item No.1 inclusion and modified decree; Somayampalayam Village survey nos. I.437/4A1A1, II.321/1B, III.319/2; final decree steps by plaintiff; no costs; consent-term disposal of appeal suit.

What did the court decide?

Appeal Suit disposed of in terms of the joint compromise memo, which shall form part of the decree; no costs; respondent/plaintiff to take steps to file final decree as per the joint compromise. ¶7

K.Schandrasekar Vs M.Shanmugam (Died) — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal Suit disposed of in terms of the joint compromise memo, which shall form part of the decree; no costs; respondent/plaintiff to take steps to file final decree as per the joint compromise.

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Issue for consideration

Whether the Decree and Judgement dated 31.07.2017 in OS.No.73 of 2012 (III-Additional District and Sessions Judge, Coimbatore), challenged in this Appeal Suit under Section 96 CPC, should be set aside, and how the appeal is to be disposed of.

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Court's answer

Recording the parties' compromise submissions, the Appeal Suit is disposed of in terms of the joint compromise memo.

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Ratio / Principle

The joint compromise memo shall form part of the decree.

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Key takeaways

No costs were awarded in the disposal of the appeal.ratio¶7

Detailed headnote1 paragraphs

Madras High Court (R. Kalaimathi, J.), AS No. 864 of 2018, order dated 01-07-2026: An Appeal Suit under Section 96 read with Order 41 and 41-A CPC against the Decree and Judgement dated 31.07.2017 in OS.No.73 of 2012 of the III-Additional District and Sessions Judge, Coimbatore was disposed of on consent. Counsel reported that the appellant K.S.Chandrasekar and the second respondent S.Karpagavalli had compromised before the Tamil Nadu Mediation and Conciliation Centre attached to the Court, with a joint compromise memo drawn and three plans (Somayampalayam Village: S.No.I.437/4A1A1, S.No.II.321/1B and S.No.III.319/2) annexed. The memo was taken on record. A further Joint Memo noted that Item No.1 of the suit properties, initially omitted from the decree, had been included and the decree modified pursuant to I.A.No.210 of 2018 by Trial Court order dated 08.02.2018. Recording the submissions, the Court disposed of the Appeal Suit in terms of the joint compromise memo, directed that the memo form part of the decree, and made no cost award; the respondent/plaintiff undertook to take steps to file the final decree as per the compromise. First respondent M.Shanmugam shown as died. No precedent cases cited.

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AS No. 864 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01-07-2026

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CORAM

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THE HON'BLE MRS.JUSTICE R. KALAIMATHI AS No. 864 of 2018

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K.S.Chandrasekar S/o.Late M.Shanmugam, D.No.5/237, Kalappanaickenpalayam, Somayampalayam, Coimbatore.

..Appellant(s)

M.Shanmugam (died)

S.Karpagavalli, W/o.R.Swaminathan, D.No.63/41-A, Vinayakar Koil Street, Kuppichipalayam, S.R.K.V.Post, Coimbatore.

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..Respondent(s)

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Prayer: This Appeal Suit is filed under Section 96 of Civil Procedure Code, 1908, r/w Order 41 and 41-A of Civil Procedure Code, 1908, to set aside the Decree and Judgement passed on 31.07.2017 in OS.No.73 of 2012 on the file of III-Additional District and Sessions Judge, Coimbatore.

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For Appellant(s) : Mr.P.Chandrasekar For Respondent(s): Mr.C.R.Prasanan

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J U D G M E N T

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The appellant-K.S.Chandrasekar and the second respondent-

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S.Karpagavalli are present along with their respective counsel.

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Page1 of 4

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

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AS No. 864 of 2018

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2.The learned counsels would submit that compromise has been entered into between the parties before the Tamil Nadu Mediation and Conciliation Centre attached to this Court and joint compromise memo is also drawn. But the 3 plans (S.No.I.437/4A1A1, Somayampalayam Village, S.No.II.321/1B, Somayampalayam Village and S.No.III.319/2, Somayampalayam Village) have been since annexed along with the compromise memo.

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3.The joint compromise memo is taken on record.

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4.Heard the learned counsel for the appellant and the learned counsel for the respondent.

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5.Another Joint Memo along with amended copy of the decree has been filed by the learned counsels for both sides to the effect that Item No.1 of the suit properties was in the first instance omitted to be mentioned in the decree and at the instance of the plaintiff (I.A.No.210 of 2018), the said Item was included and modified as per order dated 08.02.2018 of the Trial Court. Modified decree is also enclosed along with this memo. The said Joint Memo is taken on record.

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6.The respondent/plaintiff also undertakes to take steps to file final

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Page2 of 4

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

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AS No. 864 of 2018

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decree as per the joint compromise.

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