Madras High Court
P.S.M.Pathur Jaman vs M/S.Gatala Development ... on 26 April, 2021
C.S.No.60 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2021
CORAM
THE HONOURABLE MR.JUSTICE V. PARTHIBAN
C.S.Nos.60 of 2020 & 698 of 2017
&
O.A.Nos.96 of 2020 & A.No.615 of 2020
P.S.M.Pathur Jaman ...Petitioner in
C.S.No.60/2020
M/s.Gatala Developers & Properties Pvt.Ltd.,
Vaastu, No.18/37,
Maharaja Surya Road,
Alwarpet, Chennai – 600 018.
...Petitioner in C.S.No.698/2017
Vs.
1.M/s.Gatala Development Properties Pvt.,Ltd.,
Rep by its Managing Director Mr.A.T.Ansari.
2.Mrs.Kotta Appamma
3.Mrs.Shakila Banu
4.Mr.S.M.M.Jawahar Hussain
...Respondents in
C.S.No.60/2020
1.Mr.S.M.M.Jawahar Hussain
2.Mr.P.S.M.Pathur Jaman
...Respondents in C.S.No.698/2017
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C.S.No.60 of 2020
Prayer in C.S.No.60 of 2020: Suit filed under Order IV Rule 1 of
O.S.Rules r/w Order VII Rule 1 of CPC, 1908 praying to pass a
judgment and decree against-
(i)the first defendant directing him to pay a sum of
Rs.81,00,000/- with interest at the rate of 12% per annum from
the date of the filing of this suit towards loss;
(ii)the first defendant directing him to pay a sum of
Rs.25,20,000/- with interest at the rate of 12% per annum from
the date of the filing of this suit towards loss of rental income for
the two flats for the past 36 months;
(iii)the defendants 1 & 2 by declaring the sale deed bearing
Doc.No.981 of 2012 executed by first defendant infavour of the 2nd
defendant as null and void;
(iv)the defendants 1 & 3 by declaring the sale deed bearing
Doc.No.511 of 2014 executed by first defendant in favour of 3 rd
defendant as null and void;
(v)for a permanent injunction directing the defendants 2 & 3
encumbering the suit schedule property in any manner and cost of
the suit.
Prayer in C.S.No.698 of 2017: Suit filed under Order IV Rule 1 of
O.S.Rules r/w Order VII Rule 1 of CPC, 1908 praying to pass a
judgment and decree in favour of the plaintiff by directing the
defendants jointly and severally-
(i)pay a sum of Rs.1,15,00,000/- with interest @ 18% per annum
to the plaintiff from the date of filing the suit till the date of
realization.
(ii)Award the cost of this suit
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C.S.No.60 of 2020
For Appellants : S.Mahaveer Sivaji
For Defendants : Mr.A.V.Arun
for Ojas Law Firm (for D.1)
Mr.B.Vijay (for D.4)
...in both the Suits
COMMON JUDGMENT
This Court on 09.04.2021 has passed an order by recording
the memo of compromise between the plaintiff and the first
defendant before the Mediation and Conciliation Centre, High
Court, Madras. The report dated 23.02.2021 was also taken on
record by this Court. The matter was adjourned to 26.04.2021 in
regard to the compromise to be arrived at between the plaintiff
and the second defendant. When the matter is taken up for hearing
today, a joint memo of compromise between the plaintiff and the
second defendant has been filed. The contents of which are
recorded as follows;
“1.The plaintiff has filed the above suit in
C.S.No.60 of 2020 against the defendant for recovery
of a sum of Rs.81 lakhs towards compensation and a
sum of Rs.25,20,000/- towards loss of rental income
and for cancellation of the sale deed and for
consequential reliefs. The defendant herein has
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C.S.No.60 of 2020
instituted the suit in C.S.No.698 of 2017 as against the
plaintiff and another for recovery of a sum of Rs.1.15
Crore with interest at the rate of 18% p.a.
2.litigation between the parties and the plaintiff
and the defendant have been amicably settled by
mediation and the plaintiff has agreed to refund the
refundable advance amount of Rs.35 Lakhs by Demand
Drafts to the defendant and the plaintiff has agreed to
handover the suit flats 3A and 3B as against the
defendant.
3.All the claims against each other have been
fully settled and no claim is subsisting between the
parties and relinquishes their right to claim any sort of
compensation from each other in future.”
2.At this Mr.B.Vijay, learned counsel for the fourth defendant
would submit that earlier when the order was passed on
09.04.2021, a request for refund of Court fee has not been claimed
and therefore he would request for refund of Court Fee.
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C.S.No.60 of 2020
3.In view of the above consideration, both the Civil Suits
stand closed in terms of the compromise arrived at between the
parties. The joint memo of compromise shall form part of the
decree. Registry is directed to return the Court fee to both the
parties in terms of the O.S.Rules.
26.04.2021
mrm
Index : Yes/No
Internet : Yes/No
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C.S.No.60 of 2020
V.PARTHIBAN, J.
mrm
C.S.Nos.60 of 2020 & 698 of 2017
26.04.2021
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