The court disposed of a suit for specific performance of a sale agreement as settled after the plaintiffs received the compromise amount. The plaintiff was granted a refund of the entire court fee.
Refund of the entire court fee is granted to the plaintiff.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.07.2017
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
C.S.No.887 of 2015 and A.No.980 of 2016 and O.A.No.1186 of 2015 in A.No.7403 of 2015
M/s.Razak Trading Company,
A Registered Partnership Firm,
Having its Registered Office
No.6, Thandavarayan Street,
Ariyalur,
Represented herein by its partner
Mr.A.Hyder Ali ... Plaintiff
Versus
1. M/s.Palaniappa Industries,
A Partnership Firm,
Registered Office,
Plot No.1075, TVS Colony,
Anna Nagar Western Extension,
Chennai - 600 101.
2. P.A.Rajendran
3. P.A.Srinivasan
4. P.S.Palani
5. P.S.Kosala
6. P.S.Vadivelu
7. P.R.Sankar
8. P.R.Ganesh
9. P.R.Prakash
10.P.S.Dinesh
11. P.R.Ramesh
12. J.S.Suseela
13. S.E.Mallika
14. M.A.Kumudha
15. N.K.Gomathi
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... Defendants
16. Nalini Eswaran (Purchaser)
Plaint filed under Order IV Rule 1 of Original Side Rules r/w Order VII Rule 1 of C.P.C. prays (a) directing the defendants 1 to 15 to execute and register a Sale Deed in respect of the Plaint Schedule Property in terms of the agreement of Sale dated 16.10.2005, on receipt of the balance sale consideration, on or a date to be specified by this Hon'ble Court, failing which this Hon'ble Court to execute and register the Sale Deed in favour of the plaintiff, (b) Consequently, direct the defendants to deliver vacant possession of the Plaint Schedule Property to the plaintiff, (c) Alternatively, the plaintiff prays for a decree for refund of the sum of Rs.53,63,818.00 together with further interest @ 18% p.a. from the date hereof till payment in full and (d) for the cost of this suit.
For Plaintiff : Mr.S.Vasudevan
The learned counsel for the plaintiff has made the following endorsement:
"The Compromise amount has been received in full. The suit may be disposed as settled out of Court in terms of the memo of compromise between the petitioners. Prays for refund of full Court Fee to be ordered".
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25.07.2017
Speaking / Non-speaking Order
Index : Yes/No
rsi/srn
4
C.V.KARTHIKEYAN, J.
srn
C.S.No.887 of 2015
25.07.2017
2 issues framed by the court
Whether the suit filed for specific performance should be disposed of as settled after receipt of the compromise amount.
Whether the plaintiff is entitled to a refund of court fees upon settlement during mediation.
2 provisions across 2 enactments
M/s. Razak Trading Company
M/s. Palaniappa Industries
Nalini Eswaran
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
