The Court decreed a civil suit filed for specific performance of an agreement and permanent injunction based on a memo of compromise entered into by the plaintiffs and respondents, directing the defendants to execute a sale deed.
Suit decreed in terms of the memo of compromise to be executed by the defendants.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.04.2018
CORAM
THE HON`BLE MR.JUSTICE N.SATHISH KUMAR
C.S.No.173 of 2017 &
O.A.Nos.238 & 239 of 2017
1. Mr.Dharmendra Kumar
2. Mrs.Madhubala .. Plaintiffs
vs.
1. Mrs.Azra (Deceased)
2. Mrs.Rana Sheriff
[Defendants 2 & 3 are brought on record as LR's of the deceased sole defendant as per order dated 13.03.2018 in A.No.1839 of 2018]
.. Defendants
Civil Suit filed under Order IV Rule 1 of High Court O.S. Rules 1956 read with Order VII Rule 1 of CPC.
For plaintiffs : Mr.K.V.Sundararajan
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For Defendants : Mr.N.K.Vanan
J U D G M E N T
This suit has been filed for specific performance of the agreement dated 03.12.2016 by directing the defendant to execute and register Sale Deed in respect of Schedule 'B' mentioned property in favour of the plaintiffs by receiving the balance sale consideration of Rs.5,50,000/- and in case of default by the defendants, this Court may execute and register Sale Deed in respect of the Schedule 'B' property in favour of the plaintiffs or in the alternative direct the defendants to pay a sum of Rs.20,81,000/- with interest at 18% p.a. on Rs.20,00,000/from the date of the plaint to the plaintiffs, for permanent injunction restraining the defendants and their men from anyway interfering with the first plaintiff's peaceful possession and enjoyment of the 'B' schedule property and for permanent injunction restraining the defendants and their men from in any way dealing with the suit schedule 'B' property either by sale,
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mortgage, lease etc., or in any other manner and for cost.
and filed memo of compromise. The parties also admitted before this Court that they have entered into a compromise and a decree may be passed in terms of the compromise.
24.04.2018
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N.SATHISH KUMAR, J.
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C.S.No.173 of 2017
24.04.2018
1 issue framed by the court
Whether the suit for specific performance should be decreed in terms of the compromise memo entered between the parties.
Mr. Dharmendra Kumar
Mrs. Madhubala
Mrs. Rana Sheriff
Mrs. Husna Fazil Khan
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
