Madras High Court
Mr.Jaidev Subramanian vs Markandan Subramanian on 1 April, 2025
CS NO. 64 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-04-2025
CORAM
THE HONOURABLE MR JUSTICE K.KUMARESH BABU
CS NO. 64 of 2025
Mr.Jaidev Subramanian
S/o.Markandan Subramanian, No.6/19, 3rd Cross
Street, Seethammal Colony Extensions, Teynampet,
Ch-18
Plaintiff
Vs
1. Markandan Subramanian
2. Mrs.Pavithra Sankarakrishnan
3. Minor Mekhala Charan
Defendants
Suit filed to rectify the errors in the Principal Deed i.e., Settlement Deed
dated 23.03.2017, registered as Document No.348 of 2017, in the Office of
Sub Registrar, Joint-I, Chennal Central, in the manner detailed in the Schedule
hereto.
For Plaintiff: Mr.Srinath Sridevan
Senior Counsel for
M/s Bhagavath Krishnan PMN
For Defendants:
Mr.Ashwarya Nathan
JUDGMENT
When the matter is taken up today, learned counsels appearing on either
side would submit that the lis has been settled. Plaintiff is present before the
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Court and the defendants 1 and 2 appeared through video conference and
identified by the respective counsels.
2. They have filed a Joint Memo of Compromise dated 31.03.2025,
signed by the parties along with their respective counsel which is also
acknowledged by the parties. The Joint Memorandum of Compromise reads
as follows:-
JOINT MEMORANDUM OF COMPROMISE
The Plaintiff and Defendants No.1 to 3 above
named humbly submit as under:
1. Plaintiff's late mother, Mrs.Vidya Subramanian,
the wife of 1st Defendant and mother in law of 2nd
Defendant and grandmother of 3rd Defendant has
executed a Settlement Deed on 23.03.2017(Doc
No.348/17) in favour of the Plaintiff and
unbeknownst to the parties there was an obvious
typographical blunder in the Deed, which
remained unnoticed until 2024 by which time,
Mrs.Vidya Subramanian had died.
2. The present Civil Suit has been filed by the
Plaintiff under Section 26 of the Specific Relief
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Act, 1963 to rectify the errors in the Principal
Deed.
3. It is submitted that the there are certain
typographical errors and inaccuracies in the
Settlement Deed dated 23.03.2017 which do not
reflect the true intent of the parties.
4. Since the rectification of the Settlement Deed
dated 23.03.2017 will benefit all the parties to the
present suit, the Defendants herein agree that the
relief prayed for in the present suit and further
will submit to the Decree of this Hon'ble Court.
5. The 2nd Defendant being the mother and
natural guardian of the 3rd Defendant has
satisfied that the rectification of the Deed as
prayed for in this suit is in the best interest of the
minor defendant and for her welfare.
WHEREFORE it is therefore prayed that this
Hon'ble Court be pleased to record this Joint
Memorandum of Compromise in the above civil
suit and pass such further or other orders as
deemed fit and proper and thus render justice."
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K.KUMARESH BABU.J.,
sr
3. The above Joint Memorandum of Compromise dated 31.03.2025 is
taken on record and the suit is disposed of in view of the compromise entered
into between the parties. No costs. The Joint Memorandum of Compromise
shall form part of the decree.
4. Registry is directed to refund the Court fee, as per the relevant Rules.
01-04-2025
sr
Index:yes/no
Internet:yes/no
CS NO. 64 of 2025
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