The High Court dismissed a civil suit for specific performance of a sale agreement as being settled out of court. The plaintiff was awarded a refund of one-half of the court fees, with no costs awarded.
Suit dismissed as settled; plaintiff entitled to refund of one-half court fees; no costs.
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1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.11.2016
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
C.S.No.281 of 2010
RM.Alagusundaram ... Plaintiff
Vs.
A.V.Mahesh Bala ... Defendant
PRAYER: This Civil Suit filed under Order IV Rule 1 O.S.Rules read with Order VII Rule 1 CPC, praying for the following reliefs:
(a)grant a decree for specific performance specifically directing the defendant to execute the sale deed in favour of the plaintiff in respect of the suit schedule mentioned property on receipt of the balance of the sale consideration of Rs.24,00,000/- and also put the plaintiff in possession of the property and in default thereof, direct the officer of this Court to execute the sale deed and effect delivery through legal process;
(b)to grant a permanent injunction restraining the defendant, his agents, servants or any one claiming through them from alienating or dealing with the suit property either by sale or mortgage or lease or otherwise detrimental to the interest of the plaintiff except in accordance with law; and
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C.V.KARTHIKEYAN, J.
vsg
***
For Plaintiff :Mr.K.Moorthy
J U D G M E N T
It is represented by the learned counsel for the plaintiff that the
suit has been settled out of Court. The learned counsel for the
plaintiff has made an endorsement in the plaint.
2 . Accordingly, the suit is dismissed as settled out of Court.
The plaintiff is entitled to refund of one half of the Court fees. No
costs.
23.11.2016
vsg
C.S.No.281 of 2010
1 issue framed by the court
Whether a civil suit for specific performance should be dismissed when it has been settled out of Court.
1 provisions across 1 enactments
A.V. Mahesh Bala
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
