SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 16853

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. Balaji, J
G.Jaisankar – Appellant
Versus
G.Sivakumar – Respondent
A.S.No.53 of 2026 | CMP.No.1614 of 2026



Advocates:
For the Appellants/Petitioners: Mr.Adinarayana Rao
For the Respondents: Mr.S.Swaminathan

The court recognizes amicable settlements and formalizes compromise terms in decrees.

Headnote:This appeal suit is preferred under Section 96 of CPC to set aside the order in I.A.No.1 of 2022 in O.S.No.218 of 2018. The parties amicably settled disputes and recorded terms of compromise on 26.02.2026. The appeal suit is decreed in accordance with the joint memorandum of compromise, incorporating an additional derogative clause for handling potential sale offers.

Table of Content
1. appeal filed under section 96 of cpc. (Para 1)
2. parties amicably settled disputes. (Para 2 , 3)
3. additional terms for potential sales included. (Para 4)
4. final decree passed based on compromise. (Para 5 , 6)

JUDGMENT

This appeal suit has been preferred to set aside the order passed in I.A.No.1 of

2022 in O.S.No.218 of 2018 on the file of the Additional District Judge II, Poonamallee dated 08.02.2023.

2.I have heard Mr.Adinarayana Rao, learned counsel for the appellants and Mr.G.Sivakumar, learned counsel for the respondent.

3.Pending the first appeal, the parties have amicably settled the disputes and have reduced the terms of compromise by way of a Joint Memorandum of Compromise dated 26.02.2026, along with the sketch, which shall form part and parcel of the decree passed in the appeal. The parties request the appeal suit to be disposed of, in terms of the said joint compromise memo.

4.At this juncture, the learned counsel on either side, on instructions from their respective clients, requested for an additional clause to be mentioned in the decree, though the parties have not incorporated the same in the terms of the joint compromise memo. The parties are agreeable that the first offer to purchase their respective share would be given to the other party, in the event of either of the parties proposing or intending to sell their respective portions, at the then prevailing market value.

5.In the light of the above, the Appeal Suit is decreed. A final decree is passed, in terms of the joint compromise memo dated 26.02.2026. Apart from the terms of the joint compromise memo, the decree shall contain an additional clause to the following effect “in the event of either of the parties desirous of disposing of their respective portions, then the first offer to purchase shall be given to the party of the other part, at the then prevailing market value”. Only in the event of the other part declining the offer or express inability to purchase the portion at the prevailing market value, within a period of six months, it shall be open to the party intending to offer the property to other part in the open market.

6.The said joint memorandum of compromise dated 26.02.2026 is recorded, with the above terms and the same shall form part and parcel of the decree. The Appeal Suit is disposed of. The Registry shall draft the final decree and the same shall be issued on or before 23.03.2026. The parties shall bear respective costs. Connected Civil Miscellaneous Petition is closed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top