Civil suits filed for possession were dismissed as settled out of court. The court permitted a refund of the entire court fee and noted that any disputes arising from fresh lease agreements can be settled in a fresh future suit.
Dismissal of suits; refund of entire court fee to plaintiff; closure of connected applications.
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2017
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
C.S.Nos.719 and 720 of 2010 and
A.Nos.1825 and 1826 of 2011
The Indian Officers' Association, represented by its General Secretary, Mr.R.Sellamuthu, No.69 (Old No.35), Thiru-Vi-Ka High Road, Royapettah, Chennai - 600 014. ... Plaintiff in both C.S.
Versus
M/s.Modfurn Systems India Private Limited, represented by its Director, Mr.E.Rajendran, No.69 (Old No.35), Thiru-Vi-Ka High Road, Royapettah, Chennai - 600 014. ...
... Defendant in both C.S.
Plaint filed under Order IV Rule 1 of Original Side Rules r/w Order VII Rule 1 of C.P.C. (a) prayed to pass a decree and judgment (a) for possession of the suit premises in favour of the plaintiff and against the defendant, (b) to pay the cost of these proceedings.
For Plaintiff : Mr.S.V.K. Thampi
2
J U D G M E N T
The plaintiff is a charitable trust. The defendant had taken possession of the ground floor and first floor with respect to disputes regarding the said possession and the amounts payable towards taking portions on possession, these two suits have been filed.
that comprehensive settlement had been reached between the parties
and fresh lease agreements have been entered into. Learned counsel
for the plaintiff therefore has made endorsements in both the plaints as follows:
"This suit has been settled out of Court. Hence, the
suit may be dismissed as Settled out of Court. Half Court
fee paid on the plaint may be refunded to the plaintiff."
3
C.V.KARTHIKEYAN, J.
srn/rsi
agreement, can be agitated by way of a fresh suit at future date, if required. Suits are dismissed as settled out of Court. Refund of entire Court fee is permitted to the plaintiff. No Costs. Consequently, connected applications are closed.
14.07.2017
Speaking / Non-speaking Order
Index : Yes/No
srn/rsi
C.S.Nos.719 and 720 of 2010
and
A.Nos.1825 and 1826 of 2011
The Indian Officers' Association
M/s.Modfurn Systems India Private Limited
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
