C.S.No.251 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 09.09.2022
CORAM:
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
C.S.No.251 of 2021
R.Seran .. Plaintiff
/versus/
N.Rathinakumar .. Defendant
This Civil Suit is filed under Order IV Rule 1 of the Original
Side Rules read with Order VII Rule 1 of C.P.C, 1908, prayed for a
judgment and decree against the Defendants:-
i).For specific performance of the sale agreement dated
23.03.2015 entered into between the plaintiff and the defendant, thereby
directing the defendant to execute and register a sale deed and convey the
suit schedule property in favour of the plaintiff, after receipt of the
remaining sale consideration of Rs.77,19,931/- within such time as this
Court may stipulate, or
ii). In the alternative to direct the defendant to return the sum
of Rs.22,80,069/- paid as advance in the sale agreement dated 23.03.2015
to the plaintiff with interest at the rate of 24% p.a.
iii).To pay the cost of the suit.
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C.S.No.251 of 2021
For Plaintiff : Mr.R.Chellamuthu
For Defendant : Mr.K.G.Vasudevan
JUDGMENT
The suit had been filed seeking specific performance of the property mentioned in the plaint and the matter had been forwarded to the Additional Master – II for recording of evidence. It had been sent back to this Court stating that the parties had entered into compromise. A joint memo of compromise dated 25.08.2022, signed by the plaintiff and the defendant and also by their respective counsels has been presented in the Court. Both the plaintiff and the defendant are present. They affirmed that they signed the compromise of memo and they are aware of the terms of joint compromise memo.
2.In view of the joint compromise memo, the suit is decreed as settled out of Court. No order as to costs. The compromise memo shall form part of the decree.
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3.Since the parties had entered into compromise and settled the matter out of Court, the Registry may refund the Court fee to the Plaintiff in accordance with the Rules.
09.09.2022 smv Internet : Yes / No Index : Yes / No 3/4 https://www.mhc.tn.gov.in/judis C.S.No.251 of 2021 C.V.KARTHIKEYAN,J.
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