V.Natarajan vs N.Ravindran
2021 Latest Caselaw 2173 Mad

Citation : 2021 Latest Caselaw 2173 Mad
Judgement Date : 1 February, 2021

Madras High Court

V.Natarajan vs N.Ravindran on 1 February, 2021

                                                                                            C.S.No.825 of 2018




                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED: 01.02.2021

                                                            CORAM:

                                     THE HONOURABLE MR.JUSTICE R.PONGIAPPAN

                                                     Civil Suit No.825 of 2018

                     V.Natarajan,
                     S/o.N.Venkateswaran,
                     Door No.6, Plot No.5,
                     I Floor, 4th Main Road,
                     AIBEA Nagar, Thiruvanmiyur,
                     Chennai - 600 041.                          ...                Plaintiff

                                                                 versus

                     N.Ravindran,
                     S/o.S.Naganathan,
                     Door No.6, Plot No.5,
                     II Floor, 4th Main Road,
                     AIBEA Nagar, Thiruvanmiyur,
                     Chennai - 600 041.                          ...                Defendant

                     Prayer: Plaint filed under Order IV Rule 1 of Original Side Rules read
                     with Order VII Rule 1 of C.P.C. read with Order 34 Rule 4 C.P.C., praying
                     for the following judgment and decree;
                                         a) Pass a preliminary mortgage decree, in favour of the
                                   plaintiff, directing the defendant to pay or deposit into this
                                   Court a sum of Rs.98,00,000/- (Rupees Ninety Eight Lakhs


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https://www.mhc.tn.gov.in/judis/
                                                                                               C.S.No.825 of 2018




                                   Only) with interest at 12% per annum within the time fixed by
                                   this Court and in case of his failure to pay the amount, to pass a
                                   final decree to bring the mortgage property detailed hereunder
                                   for sale and apply the proceeds thereof for satisfaction of the
                                   decree amount;
                                          b) Pass a decree and judgment directing the defendant to
                                   pay a sum of Rs.2,94,00,000/- (Rupees Two Crores Ninety
                                   Four Lakhs Only) with interest at 12% per annum on
                                   Rs.1,50,00,000/- (Rupees One Crore Fifty Lakhs Only) from
                                   the date of plaint till its realisation; and
                                          c) Direct the defendant to pay costs.


                                         For Plaintiff         : Mr.R.Subramanian

                                         For Defendant         : No Appearance

                                                            JUDGMENT

Today, when the suit is taken up for hearing, both the plaintiff

and the defendant are appeared through Video Conferencing. The learned

counsel appearing for the plaintiff submitted that the parties have entered

into Compromise and they have settled the matter in out of Court. Further,

he would submit that in respect to the Compromise, the Joint Compromise

Memo entered into between the parties has also been filed.

https://www.mhc.tn.gov.in/judis/ C.S.No.825 of 2018

2. Hence, in view of the Joint Memorandum of Compromise

dated 20.01.2021, this Civil Suit is dismissed, as the matter is settled out of

Court. Registry is directed to refund the entire Court fee to the plaintiff after

deducting the commission. No order as to costs.

01.02.2021