IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.07.2008 CORAM: THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN S.A. No.296/2001 1.Chinnasamy @ Chenniappan (deceased) 2.Palaniammal 3.Kanammal 4.Maheswari 5.Jothi : Appellants (appellants 2 to 5 brought on record as Legal Representatives of the deceased Sole appellant as per order of Court dated 12.2.2002 made in C.M.P.No.18420/2001) Vs. 1.Karuppayal 2.Nachimuthu Gounder 3.Nallasamy 4.Palanisami 5.Subramani 6.Palaniammal @ Ammani 7.Nachimuthu : Respondents Appeal filed against the Judgment and Decree dated 08.08.2000 made in A.S. No.26/2000 on the file of the Principal District Court, Erode, reversing the Judgment and Decree dated 26.10.1999, made in O.S.No.89/1998 on the file of the District Munsif Court cum Judicial Magistrate, Perundurai. For appellants : Mr.N.Manokaran For respondents : Mr.A.K.Kumarasamy for respondents 1 to 5 No appearance for R-6. 7th respondent given up. J U D G M E N T The matter relates to a claim of injunction in respect of the suit property at the instance of the appellant. The suit filed by the https://hcservices.ecourts.gov.in/hcservices/ appellant for a Judgment and Decree of Permanent Injunction in respect of the suit property was decreed by the trial Court even though the respondents objected for such a Decree on the ground that they are also co-owners of the property and that a Preliminary Decree has already been passed between the parties whereby, shares have been fixed. Against the said Decree, an appeal has been preferred by the present respondents and the said appeal was allowed, whereby the Judgment and Decree of the trial Court was set aside. 2.After hearing the learned Counsel for the Appellant and the respondents, I am of the view that the matter could be mediated inasmuch as the parties are admittedly close relatives and the partition Decree has also become final. In such view of the matter, I am inclined to direct the matter to be sent to the Mediation Centre attached to the District Court, Erode, with a direction to the learned District Judge to commence the process of mediation by summoning the parties and to ascertain the feasibility of settling the matter, if the parties so agree to settle the matter, and send report along with the steps taken in the matter. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1.The Principal District Judge, Erode 2.The District Munsif Court cum Judicial Magistrate, Perundurai. 3.The Secretary, Mediation Centre. District Court, Erode. 4.The Section Officer, Judicial Department, High Court, Chennai. S.A. No.296/2001 sgl(co) pmk/17.7.08 https://hcservices.ecourts.gov.in/hcservices/