The plaintiff filed a suit for specific performance of a Development Agreement dated 17.08.2005. During the hearing, the plaintiff's counsel moved to withdraw the suit, submitting a letter and endorsement to that effect. The court allowed the withdrawal with no order as to costs.
Suit dismissed as withdrawn; no order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2017
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.787 of 2008
M.Jeyakumar
... Plaintiff
Versus
1.Raniammal 2.R.Dhanalakshmi 3.R.Manikandan
... Defendants
Plaint filed under Order VII Rule 1 of C.P.C r/w. Order IV Rule 1 of O.S. Rules praying to pass a judgment and decree in favour of the plaintiff:-
a) For specific performance of the Agreement dated 17.08.2005 by directing the Defendants 1 to 3 execute and register the Sale Deed in favour of the plaintiff as per the terms of the Development Agreement dated 17.08.2005 in respect of 1413 sq.ft out of the total extent of 8285 sq.ft together with 10 feet common passage mentioned in the schedule 'B' and to handover the vacant possession of the same, within a date to be fixed by this Hon'ble Court;
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b) In the event of the failure of the defendants 1 to 3 execute and register the Sale Deed in terms of the decree passed by this Hon'ble Court, to appoint an Officer of this Hon'ble Court to execute and register the Sale Deed, conveying the property, which is more fully described in the plaint Schedule 'B', to and in favour of the plaintiff;
c) Directing the defendants 1 to 3 to repay Rs.6,50,000/- (Rupees Six Lakhs and Fifty Thousnad only) paid by the plaintiff for developing the property on joint venture basis as per the terms of the said Development Agreement dated 17.08.2005 together with interest thereon at the rate of 18% per annum from the date of this suit till the date of realization;
d) directing the defendants 1 to 3 pay a sum of Rs.5,00,000/- as damages to the plaintiff for non performance of the joint venture scheme as per the terms of the agreement dated 17.08.2005;
e) to pay the cost of the suit.
For Plaintiff : Mr.M.Abdul Razack For Defendants : Mr.R.Mohan
J U D G M E N T
The suit is one filed by the plaintiff for specific performance of the Agreement dated 17.08.2005 by directing the Defendants 1 to 3 to execute and register the Sale Deed in favour of the plaintiff as per the terms of the Development Agreement dated 17.08.2005 in respect of 1413 sq.ft out of the total extent of 8285 sq.ft together with 10 feet common passage mentioned in the schedule 'B' and to handover the vacant possession of the
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same, within a date to be fixed by this Hon'ble Court, in the event of the failure of the defendants 1 to 3 execute and register the Sale Deed in terms of the decree passed by this Hon'ble Court, to appoint an Officer of this Hon'ble Court to execute and register the Sale Deed, conveying the property, which is more fully described in the plaint Schedule 'B', to and in favour of the plaintiff, for directing the defendants 1 to 3 to repay Rs.6,50,000/- (Rupees Six Lakhs and Fifty Thousnad only) paid by the plaintiff for developing the property on joint venture basis as per the terms of the said Development Agreement dated 17.08.2005 together with interest thereon at the rate of 18% per annum from the date of this suit till the date of realization, for directing the defendants 1 to 3 pay a sum of Rs.5,00,000/- as damages to the plaintiff for non performance of the joint venture scheme as per the terms of the agreement dated 17.08.2005 and for costs.
counsel for the plaintiff has circulated a letter seeking to withdraw the suit. He has also made an endorsement to that effect in the plaint.
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as to costs.
22.11.2017
List of the witnesses examined on the side of the plaintiff :
M.Jeyakumar – P.W.1 List of Exhibits marked on the side of the plaintiff:
Ex.P1 – Development Agreement dated 17.08.2005. Ex.P2 – General Power of Attorney dated 17.08.2005. Ex.P3 – General Power of Attorney dated 17.08.2005. Ex.P4 – Receipt dated 17.08.2005. Ex.P5 – Notice dated 09.08.2007. Ex.P6 – Reply notice dated 14.09.2007. List of the witnesses examined on the side of the defendants: Nil. List of Exhibits marked on the side of the defendants: Nil.
22.11.2017
dsa Index : Yes/ No Internet : Yes/ No Speaking Order/ Non-speaking Order
N ote: Registry is directed to issue a copy of this order by 24.11.2017.
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R.SUBRAMANIAN, J.
dsa
C.S.No.787 of 2008
22.11.2017
2 issues framed by the court
Whether to allow the withdrawal of the suit for specific performance filed under Order VII Rule 1 of CPC.
Whether to pass any order as to costs given the withdrawal of the suit.
2 provisions across 2 enactments
Raniammal
R. Dhanalakshmi
R. Manikandan
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
