S.Mohankumar vs B.Gouse Basha
2021 Latest Caselaw 16314 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;
                              II. If the sale proceeds are not sufficient to satisfy the
                                 decree amount, claimed in clause (i) above, pass

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                                                                                  C.S.No.14 of 2015

                                  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 Joint Compromise Memo 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 withdrawn. No costs.

Consequently, the connected miscellaneous petition is closed. The

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

10.08.2021

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

N.SESHASAYEE.J., http://www.judis.nic.in

C.S.No.14 of 2015

Tsg

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

10.08.2021

http://www.judis.nic.in