S.Premgiri vs Gajendran
2021 Latest Caselaw 19776 Mad

                                                                                     C.S.No.217 of 2012
                                                                                    &O.A.No.262 of 2012

                                 IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 27.09.2021

                                                        CORAM

                                 THE HONOURABLE MR.JUSTICE N.SESHASAYEE

                                                  C.S.No.217 of 2012
                                                 & O.A.No.262 of 2012

                      S.Premgiri                                                ...Plaintiff
                                                           Vs.

                      1.Gajendran
                      2.Saroja
                      3.Vijaya
                      4.Andal
                      5.Chengamma
                      6.Sarala                                                ...Defendants


                      Prayer: The Civil Suit has been filed under Order IV Rule 1 of the Original
                      Side Rules read with Order VII Rule 1 and 2 and Order XXXIV of C.P.C
                      praying to pass a decree and judgment against the defendants 1 to 5.

                      (a) directing the defendants 1 to 5 to pay to the plaintiff the suit sum of
                      Rs.28,95,000/- together with further interest on Rs.10,00,000/- at the rate of
                      18% p.a. From the date of plaint till the date of realization within such time
                      as may be prescribed by this Court for payment.



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                                                                                    C.S.No.217 of 2012
                                                                                   &O.A.No.262 of 2012

                      (b) in default of such payment, for sale of the suit property and foreclosure
                      of the equitable mortgage for the amounts due and payable after defraying
                      the expenses for such sale.   I




                      (c)directing the defendants 1 to 5 to pay the balance amount due and
                      payable, in the event of such proceeds of sale are found to be insufficient,
                      calculated till the date of realization and for costs.


                            For Plaintiff           : Mr. K.Bijai Sundar
                            For Defendants          : Mr.B.Jayaraman for (D1 D2 & D4)


                                                          JUDGMENT

(This case has been heard through video conference)

The plaintiff submits that the suit is settled out of Court and Memo to that

effect dated 21.09.2021 has been filed.

2.The Memo filed by the plaintiff stated that the above suit has been

amicably settled out of Court between the parties and he does not want to

prosecute the Civil Suit further.

3.The Memo filed by the plaintiff dated 21.09.2021 has been recorded and

taken on file.

http://www.judis.nic.in C.S.No.217 of 2012 &O.A.No.262 of 2012

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

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

connected original application is also dismissed. No costs.

27.09.2021

kas / dk

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

Note to office:Registry is directed to return the original title deeds to the defendants

http://www.judis.nic.in C.S.No.217 of 2012 &O.A.No.262 of 2012

N.SESHASAYEE, J.

kas / dk

C.S.No.217 of 2012 & O.A.No.262 of 2012

27.09.2021

http://www.judis.nic.in