R.Sarathkumar vs M/S.Radiance Media P.Ltd
2021 Latest Caselaw 19683 Mad

                                                                                      C.S.No.421 of 2018


                                IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 24.09.2021

                                                         CORAM

                                THE HONOURABLE MR.JUSTICE N.SESHASAYEE

                                                  C.S.No.421 of 2018

                      R.Sarathkumar
                      No.2, Kalyani Nagar
                      Kottivakkam
                      Chennai – 600 041                                                ...Plaintiff
                                                          Vs.

                      M/s.Radiance Media P.Ltd.
                      Having registered office at
                      Khivraj Complex – II, 6th Floor,
                      480, Anna Salai,
                      Nandanam, Chennai – 600 035                                     ...Defendant


                      Prayer: The Civil Suit has been filed under Order XXXVII Rule II of the
                      Original Side Rules read with Order XXXIV Rules 7 & 8 of C.P.C and
                      Section 60 of Transfer of Property Act 1908, praying to pass a decree and
                      judgment:

                      (a) directing the defendant to take an account of the amount due under the
                      Deed of mortgage dated 21.01.2016, including future interest;

                      (b) upon payment of the same by the plaintiff, directing the defendant to
                      deliver   to the plaintiff the mortgage instrument and all the original
                      documents in its possession or power relating to mortgage created on


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                                                                                   C.S.No.421 of 2018


                      21.01.2016 over the suit properties;

                      (c)directing the defendant to execute and register at its cost, an
                      acknowledgment in writing to the effect that the interest created by the
                      mortgage on 21.01.2016 over the suit properties has been extinguished and
                      for costs.


                             For Plaintiff        : Mr.E.K.Kumerasan
                                                    Mr.T.John Alexander

                             For Defendant        : Mr.Abudu Rajendran
                                                   Mr.R.Bhagat Krishnan



                                                     JUDGMENT

(This case has been heard through video conference)

The suit is laid for redemption of mortgage property. This Court was

informed that the parties have settled the matter outside the Court. The

parties on either side logged in and made a statement that the redemption

process is over and the plaintiff made a statement that the property

mortgaged has been handed over to him.

2.The parties have filed a joint memo of compromise dated 22.09.2021

http://www.judis.nic.in C.S.No.421 of 2018

stating that they have decided to withdraw the suit. The said compromise

has been recorded and the compromise memo dated 22.09.2021 is taken on

file.

3.This Civil Suit stands dismissed as settled out of Court accordingly. The

Registry is directed to refund the Court fee as per law. No costs.

24.09.2021

kas / dk

Index : yes / no Internet : yes / no Speaking / Non Speaking order

N.SESHASAYEE, J.

kas / dk

http://www.judis.nic.in C.S.No.421 of 2018

C.S.No.421 of 2018

24.09.2021

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