N.D.Chandra Mohan David Vs Jacob S/O.Masillamony — Madras HC (2026) — LawSathi Research

N.D.Chandra Mohan David Vs Jacob S/O.Masillamony — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Second Appeal disposed of in terms of the joint compromise memo dated 19.06.2026, which is recorded and made part of the order; decree to be drafted in terms of the contents of the joint compromise memo; no order as to costs; connected miscellaneous petition (C.M.P.(MD)No.7392 of 2018) closed.

Issue for consideration

Whether the judgment and decree dated 08.01.2018 in A.S.No.98 of 2014 (Sub Court, Kuzhithurai), which had confirmed the judgment and decree dated 27.06.2014 in O.S.No.78 of 2010 (Principal District Munsif Court, Kuzhithurai), could be set aside in this Second Appeal under Section 100 of the Civil Procedure Code.

Court's answer

The first respondent and the appellants amicably settled the matter pending the Second Appeal; the disputed 19 cents were conveyed by a registered sale deed dated 20.05.2026, and the parties filed a joint compromise memo dated 19.06.2026 duly signed by the first appellant, the first respondent and their respective Counsel.

Ratio / Principle

The parties, being present, confirmed the terms of the compromise and had no objection to the Second Appeal being disposed of in terms of the compromise memo; accordingly the court recorded the compromise memo.

Key takeaways

In view of the joint compromise memo, the Second Appeal stands disposed of; the joint compromise memo shall form part of the order and the decree shall be drafted in terms of the contents of the joint compromise memo.ratio¶40
There shall be no order as to costs, and consequently the connected miscellaneous petition (C.M.P.(MD)No.7392 of 2018) is closed.ratio¶40

Detailed headnote1 paragraphs

Second Appeal under Section 100 of the Civil Procedure Code (S.A.(MD)No.266 of 2018) by N.D.Chandra Mohan David and the C.S.I. Diocese of Kanyakumari against the judgment and decree dated 08.01.2018 in A.S.No.98 of 2014 (Sub Court, Kuzhithurai), which had confirmed the judgment and decree dated 27.06.2014 in O.S.No.78 of 2010 (Principal District Munsif Court, Kuzhithurai). Before the Madurai Bench of Madras High Court (P.B.BALAJI, J.), the first appellant, representing the C.S.I. Diocese of Kanyakumari, and the first respondent M.Jacob reported an amicable settlement: the disputed 19 cents had been conveyed by a registered sale deed dated 20.05.2026, and a joint compromise memo dated 19.06.2026, signed by the first appellant, the first respondent and their respective Counsel, was submitted. With the parties present and confirming the terms, the court recorded the compromise memo, disposed of the Second Appeal in terms thereof, directed that the decree be drafted per the memo's contents, ordered no costs, and closed the connected C.M.P.(MD)No.7392 of 2018.

S.A.(MD)No.266 of 2018

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 22.06.2026

CORAM :

THE HONOURABLE MR.JUSTICE P.B.BALAJI

S.A.(MD)No.266 of 2018

and

C.M.P.(MD)No.7392 of 2018

1.N.D.Chandra Mohan David

2.C.S.I. Diocese of Kanyakumari C.S.I, TA

Represented by its Bishop Rt.Rev.Devakadaksham, S/o.Gnanasighamony,

Dathi School Junction,

Nagercoil, Ramavarmapuram Village, Kanyakumari District.

Presently,

CSI Diocese of Kanykumari C.S.I, TA,

Represented by its Bishop,

Most Rev.Thomas K.Ommen, B.A.B.D., MTH Moderator, S/o. Late K.C.Ommen Moderator, C.S.I. Bishop in-charge,

Kanyakumari Diocese,

CSRI Diocesan Office, H.A. Dennis Street,

Nagercoil, Kanyakumari District – 629 001.

... Appellants

Vs.

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S.A.(MD)No.266 of 2018

1.M.Jacob

2.Leela

3.Loserus

4.Selvin Jeyaraj

5.Rajamanoharan

6.John Robert Raj ... Respondents

PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree dated 08.01.2018 passed in A.S.No.98 of 2014 on the file of the Sub Court, Kuzhithurai, confirming the judgment and decree dated 27.06.2014 passed in O.S.No.78 of 2010, on the file of the Principal District Munsif Court, Kuzhithurai and allow the Second Appeal.

For Appellants : Mr.M.R.Sreenivasan For Respondent No.1 : Mr.M.P.Senthil For Respondents 2 to 6 : No appearance

JUDGMENT

The first appellant and the first respondent are present. The first appellant represents the C.S.I. Diocese of Kanyakumari C.S.I. The first respondent and the appellants have amicably settled the matter pending the Second Appeal and in fact, the disputed

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S.A.(MD)No.266 of 2018

19 cents have been conveyed by a registered sale deed dated 20.05.2026 and hence, the parties have come forward to file a compromise memo, duly signed by the first appellant and the first respondent and their respective Counsel, which is dated 19.06.2026. The parties are also present and they also confirm the terms of compromise and they have no objection for the Second Appeal being disposed of, in terms of the above compromise memo. Accordingly, the compromise memo is recorded.

3 . In view of the above submission and the joint compromise memo, the Second Appeal stands disposed of. The joint compromise memo shall form part of this order. The decree shall be drafted in terms of the contents of the joint compromise memo. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

22.06.2026

Index : Yes / No NCC : Yes / No MR

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S.A.(MD)No.266 of 2018

To

1.The Subordinate Judge, Kuzhithurai.

2.The Principal District Munsif, Kuzhithurai.

3.The Section Officer,

VR Section,

Madurai Bench of Madras High Court, Madurai.

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S.A.(MD)No.266 of 2018

P.B.BALAJI, J.

MR

JUDGMENT MADE IN S.A.(MD)No.266 of 2018

22.06.2026

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