Madras High Court
S.Kamarasu vs L.Valarmathi on 25 April, 2023
C.S.No.65 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
C.S.No.65 of 2023
and
O.A.Nos.279 & 280 of 2023
S.Kamarasu ... Plaintiff
Vs.
1.L.Valarmathi
2.Hari Sivalingam ... Defendants
Civil Suit filed under Order IV Rule 1 of O.S. Rules read with
Order VII, Rule 1 of CPC, 1908, praying to pass a Judgement and Decree
as against the defendants as under:-
i. Directing the first defendant herein to specifically perform her
part of the obligations arising out of the Agreement for sale
dated 18.10.2022 as merged with Agreement dated 23.11.2022
in respect of the suit schedule property situated at Door
No.3/7, 7th Avenue, Besant Nagar, Chennai - 600 041, more
fully described in the plaint Schedule by registering the Sale
Deed executed in her favour by TNHB and thereafter on
receipt of the balance sale consideration of Rs.75 lakhs from
the plaintiff execute a deed of sale or sales either in favour of
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Page No. 1 of 5
C.S.No.65 of 2023
the plaintiff or his nominee or nominees as the case may be on
a date to be fixed by this Court or in default direct an Officer
of this Court to execute the Deed of Sale or Sales in the name
of the plaintiff or his nominee or nominees on behalf of the
first defendant on a date to be fixed by this Court on the
plaintiff depositing the balance sale consideration of Rs.75
lakhs payable by the plaintiff to the first defendant as per the
terms of the contract.
ii. For a permanent injunction restraining the defendants or their
agents, servants, men or anyone claiming under or through
them and/or authroised by them from altering the physical
features of the property, more fully described in the Schedule
to the plaint.
iii. For a permanent injunction restraining the defendants or their
agents, servants, men or anyone claiming under or through her
from in any manner encumbering, alienating or dealing with
the property, more fully described in the Schedule to the
plaint, either by way of Sale, Lease, Mortgage, Joint Venture
or in any other manner except in accordance with the
agreement as merged with subsequent agreement dated
18.10.2022 as merged with Agreement dated 23.12.2022 and
other reliefs.
iv. Grant such further or other reliefs, and
v. Costs of the suit.
For Plaintiff : M/s.Vasudha Thiagarajan
For Defendants : Mr.J.Paulraj
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C.S.No.65 of 2023
JUDGMENT
When the matter is taken up for hearing today, the learned counsels
appearing on either sides would submit that the parties to the suit have
arrived at a compromise and based upon the said compromise, they had
filed a Joint Memo of Compromise today before this Court.
2. The parties to the compromise namely, the plaintiff and the
defendants are present before this Court. I had questioned the parties as to
whether they were aware of the contention of the Joint Memo of
Compromise and whether they have signed in the said Joint Memo of
Compromise. The parties had acknowledged that they were aware of the
contention of the Joint Memo of Compromise and also acknowledged that
they have signed in the Joint Memo of Compromise consciously after
ascertaining the facts in the case.
3. Hence, the Joint Memo of Compromise is taken on record and
this Suit is disposed of in terms of the Joint Memo of Compromise entered
into between the plaintiff and the defendants. The Joint Memo of
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C.S.No.65 of 2023
Compromise filed by the plaintiff and the defendants shall form part and
parcel of the Decree. No cost. Consequently, connected Original
Applications are closed.
25.04.2023
Index: Yes/ No
Internet: Yes/No
jen
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C.S.No.65 of 2023
K.KUMARESH BABU, J.
jen
C.S.No.65 of 2023 and
O.A.Nos.279 & 280 of 2023
25.04.2023
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