Madras High Court
M/S.Shaghithya Homes Pvt Ltd vs P.Rajni on 29 October, 2024
C.S.(Comm.Div.) No. 229 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.10.2024
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
C.S.(Comm.Div.) No. 229 of 2023
and O.A. No. 831 of 2023
and A. No. 3572 of 2024
M/s.SHAGHITHYA HOMES PVT LTD
Represented by its Director
C. MURUGAN
No.7, Srishanivas
Kovilpatti Gopalakrishnan Street
(KGK Street), Karthikeyan Nagar
Maduravoyal, Chennai - 600 095. .... Plaintiff
-vs-
1. P.Rajni
2. P.Ramyaa
3. V.Annapurani ...Defendants
PRAYER : This Suit has been filed under Order IV Rule 1 of Original
Side Rules and Order VII Rule 1 of Code of Civil Procedure and
Sections 2(c)(1) of the Commercial Courts Act, 2015 to grant a judgment
and decree on the following terms:-
a) Directing the Defendants to execute the Sale Deed in favour of the
Plaintiff in respect of the balance of Suit Schedule property, on receipt of
the balance of Sale Consideration, and on failure, to get the registration
of the Sale deed in favour of the Plaintiff by this Hon'ble Court.
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C.S.(Comm.Div.) No. 229 of 2023
b) Grant an order of Permanent injunction restraining the Defendants
herein, or their men, agents or any one claiming through them from
creating any encumbrances including Sale Agreement, Sale Deed or
other such charges over the suit schedule property.
c) Grant an order of Permanent injunction restraining the Defendants
herein, or their men, agents or any one claiming through them from
interfering with the possession and enjoyment of the suit schedule
property by the Plaintiff.
d) Directing the Defendants to pay the Cost of this Suit.
For Plaintiff : Mr.B.Divakaran
For Defendants : Mr.K.S.Vamsidhar & Mr.M.P.Muthukumaran
(For D3)
D1 and D2 - Not ready in notice
JUDGMENT
Pursuant to the efforts made by the Mediation Centre, the parties
had resolved the dispute that had been arose in the suit and the
defendants had also executed the sale deed in favour of the plaintiff and
the said joint memo of compromise entered between the parties. For
better appreciation, which is extracted hereunder:-
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2. The learned counsel for the plaintiff also acknowledges the sale
deed executed by the defendants pursuant to the joint memo of
compromise entered between the parties.
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C.S.(Comm.Div.) No. 229 of 2023
3. The suit is disposed of in terms of the joint memo of compromise.
Consequently, connected applications are closed. The plaintiff is entitled
for refund of Court-Fee as applicable. No costs.
29.10.2024
Index :Yes/No
Maya
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C.S.(Comm.Div.) No. 229 of 2023
K.KUMARESH BABU, J.
Maya
C.S.(Comm.Div.) No. 229 of 2023
29.10.2024
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