B.I.James vs C.Thilip Kumar
2024 Latest Caselaw 534 Mad

Madras High Court

B.I.James vs C.Thilip Kumar on 8 January, 2024

Author: N.Sathish Kumar

Bench: N.Sathish Kumar

                                                                                              C.S.No.209 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         Dated : 08.01.2024

                                                               CORAM

                                     THE HON`BLE MR.JUSTICE N.SATHISH KUMAR

                                                         C.S.No.209 of 2023
                                                         A.No.5516 of 2023

                     B.I.James                                                                    .. Plaintiff

                                                                Versus

                     1.C.Thilip Kumar
                     2.Loganandini                                                .. Defendants
                           Civil Suit filed under Order VII Rule 1 CPC read with Order IV Rule

                     1 of Madras High Court Original Side Rules 1956 read with praying for the

                     following judgment and decree against the defendants.



                                  a) directing the defendants to pay the suit amount a sum of

                     Rs.2,88,00,000/- (Two Crores Eighty Eight Lakhs Only) to the plaintiff

                     along with interest of 18% per annum from the date of plaint until the

                     realisation of the case;.



                                  b) direct the defendants to pay costs of the suit to the plaintiff

                     1/4



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                                                                                      C.S.No.209 of 2023



                                             For Plaintiff   : Mr.B.Shanmuga Priya

                                             For Defendants : Mr.K.S.Navin Balaji for D1

                                                         JUDGMENT

The suit has been filed for recovery of a sum of Rs.2,88,00,000/-

(Two Crores Eighty Eight Lakhs Only) along with interest of 18% per

annum against the defendants.

2. The first defendant is the father of the second defendant. The

plaintiff has given up the relief against the second defendant, since, he is

only a formal party. Now, the plaintiff and the second defendant entered into

a Joint Memo of Compromise, wherein, it is agreed that the first defendant

being the owner of the suit property, has already given Power of Attorney to

one Mr.Manikandan to sell the property. The said Power Agent is also

present before this Court along with the first defendant and it is agreed

between the plaintiff and the first defendant that the said Power Agent of the

first defendant shall sell the property and realize a sum of Rs.4,00,00,000/-

(Four Crores Only) and the remaining sum shall be paid to the plaintiff. The

Power Agent also signed the Compromise Memo as a formal party.

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3. The said memo of compromise is recorded and accordingly, this

suit is decreed in terms of memo of compromise entered into between the

parties and the memo shall form part of the decree. In the event, the parties

are not acting, the plaintiff is entitled to decree for the entire amount of the

suit along with the interest. No costs. Consequently, the connected

application is closed.

08.01.2024 dhk Internet : Yes Index : Yes / No Note: Issue Order Copy on 11.01.2024

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N.SATHISH KUMAR, J.

dhk

08.01.2024

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