Civil suit for specific performance and injunction settled via mediation. Court decreed suit in terms of the executed memorandum of compromise, directing plaintiff to vacate property by 04.05.2018 and refunding court fees.
Suit decreed per compromise; Plaintiff directed to vacate suit property to Defendant on or before 04.05.2018; Court fee refunded.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2018
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.S.No.44 of 2017
S.Murugan ... Plaintiff
Vs. Ghazala Nasreen ... Defendant
Prayer: The Civil Suit has been filed under Order IV Rule 1 of the O.S.Rules read with Order VII Rule 1 of C.P.C. 1908,
(a) directing the 1st defendant to specifically perform his part of the contract dated 19.08.2016 by executing sale deed/s in favour of the plaintiff after receiving the balance sale consideration as agreed under the sale agreement dated 19.08.2016 (or) in the alternative directing the defendant to repay the amount of Rs.45,00,000/- paid by the plaintiff together with interest at the rate of 18% on Rs.45,00,000/- from the date of the plaint till the date of realisation
(b) granting an order of permanent injunction restraining the defendant, her men, agents and anyone claiming under or through her from in any manner disturbing the plaintiff's peaceful possession of the suit property.
For Plaintiff : Mr.B.Adalarasan
For Defendant : Mr.R.Vasudevan
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JUDGMENT
The matter has been settled through mediation and the
parties have also entered into a memorandum of compromise. Hence, the civil suit is decreed in terms of the memorandum of compromise entered during the month of April, 2018.
2.In addition to that, it is agreed by both the parties now that
the plaintiff would vacate and handover the possession of the suit property to the defendant on or before 04.05.2018. The said submission is recorded.
3.Accordingly, the suit is decreed in terms of memorandum of compromise and the memorandum of compromise shall form part and parcel of the decree. The court fee paid shall be refunded to the plaintiff. Consequently, connected applications if any are closed.
28.04.2018
kas
Index : yes / no Internet : yes / no Speaking / non speaking
N.SATHISH KUMAR, J.
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kas
C.S.No.44 of 2017
28.04.2018
2 issues framed by the court
Whether the civil suit be decreed upon settlement and memorandum of compromise.
Whether the plaintiff be directed to vacate the suit property of the defendant by a specific date.
2 provisions across 2 enactments
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
