Madras High Court
Unknown vs M.Kannan (Died) on 28 October, 2025
A.S.No. 161 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2025
CORAM :
THE HONOURABLE MR.JUSTICE P.B. BALAJI
A.S.No. 161 of 2022
1.Get-N-Give Finance and Investment P Ltd.,
Rep. by its Director Sandhya S.Shah
Having office at No.116 Triveni Apartments,
No.158/A/16 Barracah Road
Opp. to Secretariat Colony,
Chennai – 600 010
2.Baby Finance and Investment P. Ltd
Rep. by its Director Snehlata S.Shah
Having office at No.26/2, 3rd Floor,
Singapore Plaza, 164,Linghi Chetty Street,
Chennai-600001
3. Neha B Shah
Rep. by P.O.A. Mr.Kiran K Shah
No.116 Triveni Apartments,
No.158/A/16, Barracah Road,
Kilpauk, Chennai-600010
4.Sandhya S Shah
No.213 and 214 Rajendra Apartment,
158, Berracah Road,
Kellys, Chennai-10.
(cause title accepted vide order dated 15.03.2022
made in CMP No. 4228 of 2022
in AS Sr.No. 104061 of 2021) .. Appellants
vs
1.M.Kannan (Died)
2.M.Malleswari
3.S.Lakshmanan
4.S.Ravichandran
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A.S.No. 161 of 2022
G.Natarajan (Died)
5.Jayaraman
6.Ashok
Chandrakant A Shah (Died)
7. Prasant C Shah
8.Dipesh C Shah
9.Krupesh C Shah
Mrs. Damayanti C Shah (Died)
10.Aarti R.Sanghvi
11.Rohit B Sanghvi
12.K.V.Joshi
13.Hastimal
14.Dipesh G.Darji
15.Virendra Bhai K.Darji
16.Indiraben P.Darji
17.Mayank Kumar H. Shah
18.Jagrutiben M.Shah
19.V.A.Shah
20.Mohanbhai Phoolwala
21.G.F.Fadia
22.J.G.Fadia
23.Latha
24.Srinivasan
25.Usha
(R23 to R25 are brought on record
as Lrs of deceased R1 vide
order dated 18.6.25 made in
CMP Nos. 13421, 13425 & 13428/25
in AS No. 161 of 2022) .. Respondents
Prayer : Appeal filed under Section 96 of the Code of Civil Procedure
against the judgment and decree in O.S.No. 7207 of 2010 (earlier
C.S.No. 108 of 2001) dated 05.04.2021 on the file of the learned V
Additional City Civil Court, Chennai.
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A.S.No. 161 of 2022
For Appellants : Mr.T.Vardhaman Jain
For Respondents : Mr.G.Sugumaran
for R23 to R5
R1 – Died
R2,4 to 6, 13 to 18, 21 & 22 – No such
person
R19 & 20 – Insufficient address
R12 – Service awaited
R7 to R11 – want of street name,
nagar
R3 – No such door number
JUDGMENT
Pending appeal, the contesting appellants, who are plaintiffs
1,2,11 and 22 and the appellants in the first appeal and the
contesting respondent Nos. 23 to 25 have amicably resolved all the
differences and disputes.
2. A joint memo of compromise duly signed by parties viz.,
contesting appellants and respondents, dated 28.10.2025 is filed
before this Court and the scanned reproduction is as follows:-
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3. In furtherance of the joint memo of compromise, the
respondents have taken out three Demand Drafts (i) of a sum of
Rs.4,15,000/- (D.D.No. 496247, IOB Perambur Market Branch), (ii)
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of a sum of Rs.4,20,000/- (D.D.No. 287287, Indian Bank, Perambur
Market) and (iii) a sum of Rs. 4,15,000/- (DD No. 044133, Indian
Bank, Perambur) in favour of the fourth appellant in this appeal, in
full and final settlement of the claims of the contesting appellants 1,
2, 11 and 22. The compromise also records the fact that
respondent nos. 2 to 6 and 7 to 22 are given up in the appeal as
there is no relief as against them.
4. Mr.G.Sugumaran, learned counsel appearing for
respondent Nos. 23 to 25, would invite my attention to Clause 7
wherein the parties have agreed that the original documents of title
shall be returned by the Registry to respondent Nos. 23 to 25
through counsel.
5. The parties are also present before this Court and they
also admit that they have signed the joint memo of compromise
voluntarily and no coercion or undue influence has been exercised
by any person. The Joint Memo of Compromise is recorded.
6. Registry shall return the original documents marked as
Exs. A31, A36, A55, A56, A57 and B2 to the learned counsel for
respondents, across substitution of the same with certified copies.
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Registry shall not insist on any formal application and upon
production of the certified copies along with a memo, the Registry
shall return the originals to the counsel for respondent Nos. 23 to
7. A.S.No. 161 of 2022 stands disposed of in terms of the
joint memo of compromise and the memo of compromise dated
28.10.2025 shall form part of this decree.
28.10.2025
Index:Yes/No
Neutral Citation:Yes/No
ssm
To
The learned V Additional City Civil Court,
Chennai.
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P.B. BALAJI, J.,
ssm
28.10.2025
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