P.Mahalingam vs Vetrivendhan - 2026 Supreme(Online)(Mad) 35841

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2026 Supreme(Online)(Mad) 35841

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VADAMALAI, J
P.Mahalingam – Appellant
Versus
Vetrivendhan – Respondent
C.M.P(MD)No.10523 of 2017| A.S(MD)Nos.182 and 183 of 2017| O.S.No.49 of 2008

Important Points

Appeal disposed based on parties' joint compromise memo forming part of decree.

Subject

Civil - Appeal

Act Referred

Civil Procedure Code: S.96

Headnote

The appeal was filed under Section 96 of the Civil Procedure Code to set aside the judgment and decree dated 30.06.2017 in O.S.No.49 of 2008. The parties reached a settlement, filing a Joint Compromise Memo along with a sale deed dated 20.02.2026, verified by the court. The court recorded the compromise and disposed of the appeal. The court noted the presence and identification of parties, verification of identity proofs, and explanation of the compromise memo contents. Both parties affirmed correctness. No issues framed as matter settled amicably. Appeal disposed of with Joint Compromise Memo forming part of decree. No costs. Connected miscellaneous petition closed.

Advocates:
For the Appellants/Petitioners: Mrs.P.Jesi Jeeva Priya
For the Respondents: Mr.D.Kirubakaran

Table of Content
1. appeal against lower court decree. (Para 1)
2. parties settled via compromise memo. (Para 2)
3. appeal disposed incorporating compromise. (Para 3)

PRAYER :- This Appeal Suit is filed under Section 96 of the Civil Procedure Code, to set aside the judgment and decree, dated 30.06.2017 made in O.S.No.49 of 2008 on the file of the Additional District and Sessions Judge, Theni at Periyakulam, by allowing this appeal.

For Appellant : Mrs.P.Jesi Jeeva Priya R1 : Died For R2 to R4 : Mr.D.Kirubakaran

JUDGMENT

This Appeal Suit is filed to set aside the judgment and decree, dated

30.06.2017 made in O.S.No.49 of 2008 on the file of the Additional District and Sessions Judge, Theni at Periyakulam.

2. When the matter is taken up for hearing today (09.04.2026), both sides learned counsel submitted that the matter has been settled between the parties and a Joint Compromise Memo has also been filed along with a copy of sale deed, dated 20.02.2026. The appellant as well as the respondents 2 to 4 are present before this Court and they are identified by their respective counsel. The identity proof of the parties is also verified. The contents of the Joint Compromise Memo were read over and explained to both parties in the presence of their counsel and both parties submitted that the same were correct. Accordingly, the said Joint Compromise Memo is recorded.

3. In view of the above, this Appeal Suit is disposed of. The Joint Compromise Memo shall form part of the decree. No costs. Consequently, the connected Miscellaneous Petition is closed.