M.Manokaran vs R.Srinivasan
2022 Latest Caselaw 11067 Mad

                                                               1

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED:24.06.2022

                                                            CORAM

                              THE HON`BLE MR.JUSTICE KRISHNAN RAMASAMY

                                                       C.S.No.33 of 2022
                                                      & OA.No.64 of 2022


                     M.Manokaran                                       .. Plaintiff
                                                               vs.

                     1.R.Srinivasan
                     2.S.Gowthaman
                     3.S.Selvanayagi
                     4.R.Vijayakumar
                     5.V.Viswa
                     6.R.Kalavathi
                     7.R.Yuvaraj
                     8.R.Nirmala
                     9.M.Parvathi
                     10.Ms.M.Lavanya
                     11.Ms.M.Suganthi                                 .. Defendants



                                  Civil Suit filed under Order IV Rule 1 of Original Side Rules 1956
                     read with Order VII Rule 1 CPC praying for the following judgment and
                     decree against the defendant for the following reliefs:
                                  a)for specific performance against the defendant in relation to the




https://www.mhc.tn.gov.in/judis
                                                                   2

                     property described in the schedule hereunder based on the oral sale
                     agreement on 10.10.2021 and direct the defendant to execute the sale
                     deed/deeds in favour of the plaintiff or his nominees on or before a specific
                     date fixed by the Court, failing compliance directing the Registrar of the
                     High Court to execute the sale deed in favour of the plaintiff or his
                     nominees or in the alternative directing the defendant to return a sum of
                     Rs.20,00,000/- paid by the plaintiff as advance together with interest at the
                     rate of 24% p.a from the date of agreement of sale till the date of realization.
                                  (b)to direct the defendant to pay the costs of the suit.
                                               For Plaintiff    :Mr.K.Venkatesan

                                               For defendants :Ms.A.L.Ganthimathi for D1 to D4
                                               For D5 to 11    :No Appearance


                                                               JUDGMENT

The learned counsel for the plaintiff seeks permission of this Court to

withdraw this Civil Suit and he has also made an endorsement to that effect.

2. The learned counsel for the plaintiff would submit that the plaintiff

is entitled to refund of the Court fee and hence, the Registry may be directed

to refund the Court fee in accordance with law.

https://www.mhc.tn.gov.in/judis

3.In view of the endorsement made by the learned counsel for the

plaintiff, this Suit is dismissed as withdrawn. Registry is directed to refund

the eligible Court fee to the plaintiff, in accordance with law. Consequently,

connected Original Application is closed.

24.06.2022

Index : Yes/No

dn

https://www.mhc.tn.gov.in/judis

KRISHNAN RAMASAMY.J.

dn

C.S.No.33 of 2022

24.06.2022

https://www.mhc.tn.gov.in/judis