Suit for specific performance of agreement to sell was decided on compromise. Court decreed the suit based on the memorandum of compromise filed and signed by both parties in open court.
Suit decreed in terms of the memorandum of compromise signed by parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.11.2017
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.236 of 2013
Muthu Jayanthi ... Plaintiff Versus 1.C.L.Mahadevan 2.S.Chitra ... Defendants
Plaint filed under Order IV Rule 1 of O.S. Rules read with Order VII Rule 1 of C.P.C praying to pass a judgment and decree:-
a) directing the defendants to execute the sale Deed in favour of the plaintiff, on their failure, directing the Officer of this Hon'ble Court to execute the sale Deed in respect of plaint schedule property in favour of the plaintiff pursuant to the agreement of sale dated 22.01.2012 after paying or depositing the balance sale consideration;
b) directing the defendants to deliver vacant
possession of the plaint schedule property to the plaintiff;
c) for permanent injunction restraining the defendants from alienating or encumbering the suit property;
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d) to pay the cost of the suit.
For Plaintiff : Mr.R.Balakrishnan For Defendants : M/s.Suhrith Parthasarathy
J U D G M E N T
The suit is one filed by the plaintiff for directing the defendants to execute the sale Deed in favour of the plaintiff, on their failure, directing the Officer of this Hon'ble Court to execute the sale Deed in respect of plaint schedule property in favour of the plaintiff pursuant to the agreement of sale dated 22.01.2012 after paying or depositing the balance sale consideration, directing the defendants to deliver vacant possession of the plaint schedule property to the plaintiff, for permanent injunction restraining the defendants from alienating or encumbering the suit property and for costs of the suit
The parties as well as the learned counsel for the parties have signed the same. The parties have also affirmed the fact that they have entered into a memo of compromise.
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sd/.R.S.M.J
06.11.2017
//Certified to be a true copy//
Dated this the day of 2017.
COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies of
the Order/Judgment Decree in this format.
C.L. Mahadevan
S. Chitra
R.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
