Madras High Court
Mahalingam vs Kalyanasundaram on 4 March, 2024
Author: M.Sundar
Bench: M.Sundar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
A.S.No.352 of 2017
1.Mahalingam
2.Rajakumari ... Appellants
Vs.
Kalyanasundaram .. Respondent
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree passed in O.S.No.38 of
2015 dated 14.03.2017 on the file of the Court of Principal District Munsif,
Thiruvarur.
For Appellants : Mr.A.Muthukumar
For Respondent : Mr.A.Arunbabu
https://www.mhc.tn.gov.in/judis
JUDGMENT
[Order of the Court was made by M.SUNDAR, J.,]
This judgment will now dispose of the captioned appeal i.e.,
A.S.No.352 of 2017.
2. This judgment has to be read in conjunction with and in
continuation of earlier proceedings made in the captioned appeal in the
listing on 22.01.2024, which reads as follows:
'Mr.A.Muthukumar, learned counsel on record for the two
appellants and Mr.A.Arunbabu, learned counsel for sole respondent are
before us.
2. Aforementioned both learned counsel submit that captioned
appeal arises out of a partition suit amongst co- parceners. Both
learned counsel submit that elements of settlement exist and it would be
desirable to explore the possibility of settlement by resorting to
mediation. Both learned counsel submit on instructions that
considering the age of the parties it would be desirable to refer the
matter to District Mediation Centre in the Thiruvarur District Court.
Request acceded to.
3. Registry to transmit requisite papers and let the captioned
matter be listed before the District Alternate Disputes Resolution
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Centre for mediation in Thiruvarur District on 01.02.2024 at 03.00
p.m.. Both sides submit that their respective parties will go before the
Mediation Centre without insisting on a separate hearing notice. We
request the District Mediation Centre, Thiruvarur to send a report to
this Court in four weeks from the first sitting i.e., by 29.02.2024.
3. List on 04.03.2024.'
3. Mr.A.Muthukumar, learned counsel on record for two appellants is
before us on the 'VC' ['Videoconferencing' ] platform and Mr.A.Arunbabu,
learned counsel on record for sole respondent is before us in the physical
Court. To be noted, this is a hybrid hearing which is a regular/routine/daily
feature in this Court.
4. Be that as it may, adverting to aforementioned proceedings made in
the earlier listing on 22.01.2024 aforementioned both counsel submit that
all the parties went before District Mediation Centre, Tiruvarur, sittings
were held in the period between 01.02.2024 and 23.02.2024 and a
settlement has been arrived at.
5. We perused the case file. We find that there is a report dated
https://www.mhc.tn.gov.in/judis
23.02.2024 bearing reference D.No.52/2024 from the 'District Mediation
Centre, Tiruvarur-610 004' [hereinafter 'said Mediation Centre' for the sake
of convenience] and a scanned reproduction of the same is as follows:
https://www.mhc.tn.gov.in/judis
6. Under cover of the aforementioned communication from said
Mediation Centre, a Mediation Report dated 23.02.2024 from said
Mediation Centre has been enclosed and a scanned reproduction of the
same is as follows:
https://www.mhc.tn.gov.in/judis
7. The mediation report in turn has Mediation Session notes and a
settlement agreement dated 23.02.2024. A scanned reproduction of this
mediation sessions notes (Form 4) and the settlement agreement dated
23.02.2024 are as follows:
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
8. Adverting to aforementioned communication, mediation report,
mediation session notes and settlement agreement dated 23.02.2024,
Mr.A.Muthukumar and Mr.A.Arunbabu, learned counsel on both sides,
request that a consent compromise final decree in terms of the
aforementioned settlement agreement dated 23.02.2024 may please be
made.
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9. As regards the presence of the parties, as already alluded to supra,
there are two appellants [plaintiffs 2 and 3 in the trial Court] {to be noted,
first plaintiff died} and one respondent. Both the aforementioned learned
counsel submit that all three parties, two appellants and sole respondent
were present before said Mediation Centre and they have also signed
aforementioned settlement agreement dated 23.02.2024 in the presence of
one another and in the presence of their respective counsel.
10. Furthermore, both learned counsel submit that the presence of the
parties for making the compromise decree may please be dispensed with
considering the advanced age of the parties.
11. Considering the facts and circumstances of the case, nature of the
matter and the manner in which the parties are circumstanced, the
aforementioned request for dispensing with presence of the parties is
acceded to on the peculiar facts and circumstances of this case making it
clear that this will not serve as a precedent in all cases.
12. In the light of the narrative thus far, captioned main appeal i.e.,
A.S.No.352 of 2017 will now stand disposed of in terms of a compromise
final decree which in turn will be in terms of settlement agreement dated
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23.02.2024 (scanned and reproduced supra) and which will also form part of
the consent compromise final decree.
13. Captioned first appeal disposed of vide a compromise /consent
judgment and final decree in the aforesaid manner. There shall be no order
as to costs.
(M.S.,J.) (K.G.T.,J.)
04.03.2024
Index : Yes / No
Speaking / Non-speaking
Neutral Citation : Yes / No
gpa
https://www.mhc.tn.gov.in/judis
To
1. The Principal District Munsif
Thiruvarur
2. The Section Officer
V.R.Section
High Court, Madras.
https://www.mhc.tn.gov.in/judis
M.SUNDAR, J.,
and
K.GOVINDARAJAN THILAKAVADI, J.,
gpa
04.03.2024
https://www.mhc.tn.gov.in/judis
