The High Court decreed a civil suit based on a compromise settlement reached between the parties in mediation. The defendant refunded a portion of the advance payment, and the court incorporated the terms of the joint memorandum into the decree.
Suit decreed in terms of the compromise memo; plaintiff entitled to refund of court fees; original application closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2017
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
CIVIL SUIT No.574 OF 2015
and
O.A.No.386 OF 2016
G.Gnanatheeban .. Plaintiff
vs
K.Bashyam .. Defendant
Civil Suit filed under Order VII Rule 1 read with Rule 4 of Original Side Rules praying for a decree and judgment (i) directing the defendant to execute the sale deed in respect of schedule mentioned property as per agreement dated 15.11.2012 in favour of the plaintiff (ii) directing the defendant to pay the cost of the suit.
For Plaintiff : Mr.K.Lavan For Respondent : K.Balu JUDGMENT
It is very appreciable that in the Mediation and Conciliation Centre, this Civil Suit in C.S.No.574 of 2015 has been settled. A joint
memo of compromise signed by both the counsel and by the parties plaintiff and the defendant has been filed before this Court and the same reads as follows:-
“NOW THIS MEMORANDUM OF JOINT COMPROMIS WITNESSETH.
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key of the gate to the defendant. The defendant has received the key and acknowledged the handing over the vacant possession of the suit property to him.
Hence, it is jointly prayed by the plaintiff and the defendant that this Hon'ble Mediation Forum may kindly be pleased to receive this Joint Memorandum of Compromise entered into between the parties and record the same and place the same before Hon'ble High Court to decree the suit incorporating the terms and conditions of the Joint Memorandum of Compromise”.
the suit is decreed in terms of the Compromise memo. The Joint
Memo of compromise shall form part of the decree. The plaintiff is entitled to repayment of full Court Fees, since the matter has been settled out of Court. Consequently, the Original Application No.386 of 2016 is closed.
10.07.2017
rg
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C.V.KARTHIKEYAN,J.
rg
C.S.No.574 of 2015
Dt : 10-07-2017
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
