Madras High Court
M/S.Land Marvel Homes vs C. Rajendra Kumar on 8 June, 2021
C.S.No.173 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.06.2021
Coram
THE HONOURABLE MR. JUSTICE M.SUNDAR
C.S.No.173 of 2021
and
O.A.Nos. 273 and 274 of 2021
M/s.Land Marvel Homes
Rep. By its Partner,
M. Palaniappan,
No.63, I Floor, L.B. Road
Adyar, Chennai 600 020 ...Plaintiff
Vs.
1. C. Rajendra Kumar
S/o. Late Chandmal
2. C. Shyam Sundar
S/o. late Chandmal
3. M. Padmanabhan
S/o. Munusamy Naidu
4. P. Malliga Natarajan
Wife of Mr. Natarajan ... Defendants
Plaint filed under Order IV Rule 1 of O.S. Rules read with Order VII
Rule I of C.P.C praying for a declaration, declaring that the Sale Deed dated
25.02.2021 executed by the 1st and 2nd defendants in favour of the 4th
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C.S.No.173 of 2021
defendant which had been registered as a document bearing No.512 of 2021,
at SRO Adyar as null and void and not binding on the plaintiff and for a
Permanent Injunction restraining the defendants or their men, agents,
servants, representatives, assigns or any person claiming through them or
under them from in any manner disturbing the Plaintiff's peaceful possession
and enjoyment of the Schedule C Property and for a Permanent Injunction
restraining the 4th defendant or her men, agents, servants, representatives,
assigns or any person claiming through her or under her from in any manner
directly or indirectly alienating / dealing with, altering / demolishing the
Schedule C property and for a Mandatory Injunction directing the 1st and 2nd
defendants to execute an appropriate Power of Attorney in favour of the
Plaintiff for the 42% of the Undivided Divided Share int he Schedule B
property which is the Schedule D property and for directing the 1st and 2nd
defendants to refund the refundable advance amount of Rs.5,00,000/- to the
plaintiff and for directing the defendants jointly and severally to pay a sum of
Rs.1,00,00,000/- (Rupees One Crore only) to the plaintiff towards the
damages and the costs of this suit.
For Plaintiff : Mr. K.V. Babu
assisted by Mr.D.Kannan
for Ms.Inthu Karunakaran
For Defendants : Mr. A. Aravindan
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C.S.No.173 of 2021
JUDGMENT
Mr. K.V. Babu assisted by Mr. D. Kannan representing counsel on
record for the sole plaintiff and Mr.A. Aravindan, learned counsel on record
for all the four defendants are before this Virtual Court i.e., a web-hearing on
a video conferencing platform.
2. On a joint request made by both sides, this suit was listed under the
cause list caption 'FOR WITHDRAWAL', but when the matter was taken up
today, aforementioned learned counsel on both sides submitted that all the
parties to the suit have joined, are before this Virtual Court and they
requested for a compromise decree in the suit in terms of a Memorandum of
Compromise dated 07.06.2021. It was submitted by both sides that one of the
defendants is a octogenarian and it would be desirable to treat this matter as
one falling in extremely urgent category as the elderly defendant would be
able to taste the fruits of the decree and there is going to be no contest. A
scanned reproduction of the Memorandum of Compromise is as follows:
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C.S.No.173 of 2021
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C.S.No.173 of 2021
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3. On behalf of plaintiff firm, Mr. M. Palaniappan, son of late
VR.Muthuraman, Partner in the plaintiff firm, who has verified the plaint and
all the four defendants have joined this Virtual Court. Mr. M. Palaniappan
was identified by Mr. K.V. Babu and the four defendants were identified by
Mr. A.Aravindan.
4. Learned counsel and their respective clients submitted that owing to
the Corona virus pandemic and the consequent lock down, which is being
referred to as 'COVID-19' situation and due to hearing in virtual court, their
presence online in this hearing may please be treated as appearance for
recording the Memorandum of Compromise. This request is acceded to.
5. Be that as it may, all the aforementioned parties to the suit were
queried by the court as to whether they have fully understood the terms, its
consequences and as to whether a compromise decree can be passed in the
aforementioned suit in terms of the Memorandum of Compromise. All the
aforementioned five parties to the lis answered in unison in affirmative. This
is recorded. All the parties confirmed that the Memorandum of Compromise
has been signed by all the parties (who signed the same) and their respective
counsel in the presence of each other and the Memo filed by fourth defendant
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C.S.No.173 of 2021
in this regard is endorsed by all the parties who have signed the
Memorandum of Compromise. This is also recorded. Owing to this factual
position, it was requested that virtual appearance of the parties may be
treated as sufficient for recording the Memorandum of Compromise. This
request is acceded to.
6. The fourth defendant submitted when queried by Court (in addition
to answering in affirmative) that she has also filed a memo dated 04.06.2021.
The memo filed by the fourth defendant is as follows:
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C.S.No.173 of 2021
7. To be noted, there is a correction in the date in the memo filed by
fourth defendant, this Court is informed that the correct date is 07.06.2021.
All the parties and the counsel agree on this (including fourth defendant).
There is no disputation on this. In any event, fourth defendant who joined the
virtual court reiterates the contents of the memo. Therefore, this is recorded
and the memo of fourth defendant is recorded to be dated 07.06.2021.
8. The other defendants confirmed that they have perused the memo
filed by the fourth defendant and they supplement the same.
9. Captioned suit C.S.No.173 of 2021 is decreed in terms of the
aforementioned Memorandum of Compromise dated 07.06.2021 and this
Memorandum of Compromise shall form part of the Judgment and decree.
There shall be no order as to costs. Consequently, connected applications are
closed.
08.06.2021
bga/gpa
https://www.mhc.tn.gov.in/judis/
C.S.No.173 of 2021
M.SUNDAR. J
bga/gpa
C.S.No.No.173 of 2021
and
O.A.Nos. 273 and 274 of 2021
08.06.2021
https://www.mhc.tn.gov.in/judis/
