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2026 Supreme(Online)(Mad) 26689
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. BALAJI, J
M.Selvam – Appellant
Versus
Sri Kanchi Kamakodi Peedathi, Pthy Jagathguru, Sri Sankarachariya Swamigal Mutt Re., by its General Power Agent and Sri Karyam Sri V. – Respondent
CMP(MD).No.16729 of 2025
For the Appellants/Petitioners: Mr. R.Rajaraman
For the Respondents: Mr.S. Parthsarathy
Court approves mediated amicable settlement, disposing appeal per joint compromise memo.
Headnote:First Paragraph: Under Section 100 of the Civil Procedure Code, petitioners challenged judgments from lower courts in O.S. No. 165 of 2017 and A.S. No. 31 of 2023. Parties referred to mediation, arriving at amicable settlement via joint compromise memo. Court approved the settlement as affirmed by parties. Second Paragraph: Issue framed as challenge to lower court decrees. Ratio decidendi rests on successful mediation leading to voluntary settlement, binding upon court approval. Third Paragraph: Second Appeal disposed of in terms of joint compromise memo; no costs.
| Table of Content |
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| 1. challenges lower court judgments in second appeal. (Para 1) |
| 2. parties settle via mediation and affirm compromise. (Para 2 , 3) |
| 3. appeal disposed per joint compromise memo. (Para 4) |
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23/03/2026 CORAM THE HONOURABLE MR. JUSTICE P.B. BALAJI CMP(MD).No.16729 of 2025
1. M.Selvam
2. Balambigai
3. Rohini
4. Karthika ... Petitioners Vs Sri Kanchi Kamakodi Peedathi, Pthy Jagathguru, Sri Sankarachariya Swamigal Mutt Re., by its General Power Agent and Sri Karyam Sri V. ... Respondent PRAYER :- Second Appeal filed under Section 100 of Civil Procedure Code, to set aside the Judgment and decree passed in A.S.No. 31 of 2023 dated 18.08.2025 on the file of the Principal Sub-Court, Kumbakonam confirming the Judgment and decree passed in O.S.No. 165 of 2017 dated 03.03.2023 on the file of Principal District Munsif Court, Kumbakonam.
For appellant : Mr. R.Rajaraman Advocate For Respondent : Mr.S. Parthsarathy
JUDGMENT
This Second Appeal has been filed to set aside the judgment and decree, dated 18.08.2025 passed in A.S. No. 31 of 2023 on the file of the Principal Sub Court, Kumbakonam, confirming the judgment and decree passed in O.S. No. 165 of 2017, dated 03.03.2023 on the file of the Principal District Munsif Court, Kumbakonam.
2. By order dated 24.02.2026, the parties were referred to the Mediation Centre attached to this Court. At the Mediation Centre, with the useful intervention and advice of the learned counsel appearing for the parties and the Mediator, the parties have arrived at an amicable settlement, the terms of which have been reduced to writing by way of a joint compromise memo dated 06.03.2026. The original joint compromise memo has been placed before this Court for approval. 3. I find that the parties and their respective counsel have signed the said joint compromise memo on 06.03.2026. The parties are also present today and they affirm the settlement arrived at in the Mediation Centre.
4. In the light of the above, the Second Appeal is disposed of in terms of the joint compromise memo dated 06.03.2026, the terms of which shall form part and parcel of this decree. No costs. Consequently, the connected miscellaneous petition is closed.
