R.Seran vs N.Rathinakumar
2022 Latest Caselaw 15122 Mad

                                                                                    C.S.No.251 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     Dated : 09.09.2022

                                                           CORAM:

                            THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

                                                     C.S.No.251 of 2021

                     R.Seran                                                          .. Plaintiff
                                                            /versus/

                     N.Rathinakumar                                                   .. Defendant

                                   This Civil Suit is filed under Order IV Rule 1 of the Original
                     Side Rules read with Order VII Rule 1 of C.P.C, 1908, prayed for a
                     judgment and decree against the Defendants:-


                                   i).For specific performance of the sale agreement dated
                     23.03.2015 entered into between the plaintiff and the defendant, thereby
                     directing the defendant to execute and register a sale deed and convey the
                     suit schedule property in favour of the plaintiff, after receipt of the
                     remaining sale consideration of Rs.77,19,931/- within such time as this
                     Court may stipulate, or
                                   ii). In the alternative to direct the defendant to return the sum
                     of Rs.22,80,069/- paid as advance in the sale agreement dated 23.03.2015
                     to the plaintiff with interest at the rate of 24% p.a.
                                   iii).To pay the cost of the suit.



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https://www.mhc.tn.gov.in/judis
                                                                                 C.S.No.251 of 2021

                                      For Plaintiff            : Mr.R.Chellamuthu
                                      For Defendant            : Mr.K.G.Vasudevan

                                                      JUDGMENT

The suit had been filed seeking specific performance of the

property mentioned in the plaint and the matter had been forwarded to

the Additional Master – II for recording of evidence. It had been sent

back to this Court stating that the parties had entered into compromise. A

joint memo of compromise dated 25.08.2022, signed by the plaintiff and

the defendant and also by their respective counsels has been presented in

the Court. Both the plaintiff and the defendant are present. They affirmed

that they signed the compromise of memo and they are aware of the

terms of joint compromise memo.

2.In view of the joint compromise memo, the suit is decreed as

settled out of Court. No order as to costs. The compromise memo shall

form part of the decree.

https://www.mhc.tn.gov.in/judis C.S.No.251 of 2021

3.Since the parties had entered into compromise and settled the

matter out of Court, the Registry may refund the Court fee to the Plaintiff

in accordance with the Rules.

09.09.2022

smv

Internet : Yes / No Index : Yes / No

https://www.mhc.tn.gov.in/judis C.S.No.251 of 2021

C.V.KARTHIKEYAN,J.

smv

C.S.No.251 of 2021

09.09.2022

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