S.Mohankumar vs B.Gouse Basha
2021 Latest Caselaw 16302 Mad

                                                                                   C.S.No.14 of 2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 10.08.2021

                                          CORAM : JUSTICE N.SESHASAYEE

                                                    C.S.No.14 of 2015
                                                   & A.No.2707 of 2021

                     S.Mohankumar                                            ...   Plaintiff

                                                             Vs.


                     1.B.Gouse Basha
                     2.G.Salman                                             ...    Defendants

                     PRAYER : Civil Suit filed under Order XXXVII Rule 1 of O.S.Rules
                     read with Order XXXIV Rule 1 of C.P.C:
                                    I. For Rs.1,92,00,000/- (Rupees One Crore Ninety Two
                                      Lakhs only) together with interest at 24% per annum of
                                      Rs.1,60,00,000/- (Rupees One Crore Sixty Lakhs only),
                                      from the date of Plaint till date of payment, on or
                                      before a date to be stipulated by this Hon'ble Court and
                                      if the 1st defendant fails to pay the amount as claimed
                                      above, direct the property described in the Schedule
                                      here under to be sold and appropriate the sale proceeds
                                      in and towards the claim made above, after de-fraying
                                      the expenses of such sale;



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https://www.mhc.tn.gov.in/judis/
                                                                                      C.S.No.14 of 2015

                                   II. If the sale proceeds are not sufficient to satisfy the
                                      decree amount, claimed in clause (i) above, pass
                                      personal decree against the 1st defendant for the
                                      deficiency, if any;
                                   III.award cost of the Suit; and
                                   IV.Pass such further or other orders as this Hon'ble Court
                                      may deed fit and proper in the circumstances of the
                                      case and thus render justice.

                                      For Plaintiff         : Mr.A.S.Neela Narayani
                                      For Defendants        : Mr.T.Arockia Dass

                                           JUDGMENT

A Memorandum of Understanding dated 27.07.2021 has been filed

before this Court and based on the same, the learned counsel for the

plaintiff seeks the leave of the Court to withdraw the suit.

2.The learned counsel for the plaintiff is permitted to withdraw the suit.

3.In the result, the suit is dismissed as settled out of Court. No costs.

Consequently, the connected miscellaneous petition is closed. The

Memorandum of Understanding dated 27.07.2021 shall form part of the

Decree.

https://www.mhc.tn.gov.in/judis/ C.S.No.14 of 2015

4.The Registry is directed to refund the Court fee as per law.

10.08.2021 Tsg Index : Yes / No Speaking Order / Non-speaking order

https://www.mhc.tn.gov.in/judis/ C.S.No.14 of 2015

N.SESHASAYEE.J.,

Tsg

C.S.No.14 of 2015 & A.No.2707 of 2021

10.08.2021

https://www.mhc.tn.gov.in/judis/