Citation : 2026 Latest Caselaw 1634 Mad
Judgement Date : 7 April, 2026
AS No. 152 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-04-2026
CORAM
THE HON'BLE DR.JUSTICE A.D.MARIA CLETE
AS Nos. 152 and 153 of 2019
A.S.No.152 of 2019
Balamani ..Appellant
Vs
1. Nallamuthu
2. Senthilkumar
3. Kavitha (Died)
4. Nagarajan
5. Rajkumar
6. Ramesh @ Ramasamy
7. Dharanya (major)
8. Panneer Selvam
9. Minor. Tannishtha .P
D/o. Panneer Selvam, Rep by her Natural
Guardian Father Panneer Selvam, ..Respondent(s)
[R3 died. RR 8 and 9 brought on record as LRs of
the deceased R3 viz., Kavitha vide Court order
dated 28.07.2025 made in CMP 15293/2025 in AS
152/2019 - RSVJ]
[R7 declared as Major and R6 discharged from the
guardianship vide Court order dated 13.11.2025
made in CMP.No's 18111/2019 and 18112/2019 in
AS.No.152/2019 (ADMCJ)]
A.S.No.153 of 2019
1. Nagarajan
2. Rajkumar ..Appellants
Vs
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AS No. 152 of 2019
1. Nallamuthu
2. Senthilkumar
3. Kavitha (Died)
4. Ramesh @ Ramasamy
5. Dharanya (major)
6. Balamani
7. Panneer Selvam
8. Minor. Tannishtha .P
D/o. Panneer Selvam, Rep by her Natural
Guardian Father Panneer Selvam, ..Respondent(s)
[R3 died. RR 7 and 8 brought on record as LRs of
the deceased R3 viz., Kavitha vide Court order
dated 28.07.2025 made in CMP 15296/2025 in AS
153/2019 - RSVJ]
[R5 declared as Major and R4 discharged from the
guardianship vide Court order dated 13.11.2025
made in CMP.Nos 18158/2025 and 18161/2025 in
AS.No.153/2019 (ADMCJ)]
Common Prayer: Appeal Suits filed under Section 96 of the Code of Civil
Procedure, praying to set aside the judgement and decree dated 13-04-2017
made in IA.646/2014 in OS.24/2013, on the file of the learned Principal District
Judge, Erode.
In A.S.No.152 of 2019
For Appellant(s): Mr. D. Gopal
For Respondent(s): Mr.S.Kaithamalai Kumaran
For RR 2, 8 and 9
(R9 - Minor Rep By R8)
Mr.M.guruprasad For R4 and R5
In A.S.No.153 of 2019
For Appellant(s): Mr.M.guruprasad
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AS No. 152 of 2019
For Respondent - 6 : Mr. D. Gopal
For Respondent(s): Mr.S.Kaithamalai Kumaran
For RR 1, 2, 7 and 8
ORDER
This Court, on 09.12.2025, by consent of the learned counsel for both
parties, appointed Mr.M.K.Kabir, learned Senior Counsel and Mrs.Geetha
Ramaseshan, learned Counsel for mediating this case. Accordingly, a fruitful
settlement has been arrived at between the parties on 17.03.2026. Since
Mr.M.K.Kabir is not in the Mediators' panel, this Court is called upon to fix the
fees for the mediators.
2. The learned Counsel for both sides submit that the regular fees that is
fixed for all the mediators who are in the mediation may also be fixed for this
mediator. However, this Court is of the opinion that as such the present fee
structure for mediators is pretty low and hence, the same has to be enhanced and
in this view of the matter, this Court is inclined to fix the mediators fees.
3. Considering the number of sessions that were conducted and fruitful
settlement has been arrived at between the parties, this Court fixes the
Mediators fees at Rs.15,000/- and the parties are equally share among
themselves. Since Mrs.Geetha Ramaseshan, is a panel mediator in the
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Mediation Centre and a sum of Rs.7,500/- is being paid by the Mediation
Centre, the remaining amount of Rs.7,500/- shall be paid equally by both
parties. Accordingly, both parties are directed to make a payment of Rs.15,000/-
to Mr.M.K.Kabir and a sum of Rs.7,500/- to Mrs.Geetha Ramaseshan and
submit necessary report before this Court on or before 17.04.2026.
4. List the matter on 17.04.2026 under the caption "for recording
settlement".
07-04-2026
SRM
To
1. The Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, Chennai.
2. Mr.M.K.Kabir, Senior Counsel, Mediator, Mediation Centre, High Court, Madras - 600 104.
3. Mrs.Geetha Ramaseshan, Mediator, Mediation Centre, High Court, Madras - 600 104.
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DR.A.D.MARIA CLETE, J.
SRM
AS Nos. 152 and 153 of 2019
07-04-2026
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