Plaintiffs filed a suit specific performance. They filed a withdrawal memo stating the matter settled. The court recorded the memo and dismissed the suit as withdrawn/settled without costs.
Suit dismissed as settled out of court; no costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.02.2018
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.599 of 2011
1.D.Sunil Kumar
2.R.Subodh ... Plaintiffs
Versus
Mani Megalai ... Defendant
Plaint filed under Order IV Rule 1 of Original Side Rules r/w. Order VII Rule 1 of C.P.C. praying to pass a judgment and decree:
(i) directing the defendant to execute the sale deed in
favour of the plaintiffs or their nominees by receiving balance sales consideration of Rs.39,00,000/- as per the agreement dated 22.10.2010 under Specific Performance Act;
(ii) Consequential permanent injunction restraining the
defendant not to alienate the suit schedule property till the disposal of the suit and
(iii) for costs of the suit.
For Plaintiffs : Mr.A.Balasingh Ramanujan
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J U D G M E N T
A Memo has been filed by the plaintiffs signed by the learned counsel
for the plaintiffs, stating that the subject matter of the suit is settled out of court between the parties. They had sought for withdrawal of the suit. The
memo to that effect reads as follows:
“ Therefore, it is prayed that this Hon'ble Court may
be pleased to record the memo and dismiss the suit as
withdrawn as settled out of court and pass such further or
other orders as this Hon'ble Court may deem fit and proper
in the facts and circumstances of the case and thus render
justice. ”
2. In view of the same, the suit is dismissed as settled out of Court.
No costs.
19.02.2018
dsa
Index : No
Internet : Yes
Non-speaking Order
List of the witnesses examined on the side of the plaintiffs :
3
PW1 – D.Sunil Kumar
List of Exhibits marked on the side of the plaintiffs:
| Sl. No. |
Exhibits Description |
Dated |
|---|---|---|
| 1 | Ex.P1 Notice sent by the defendant plaintiffs. |
to the 03.02.2011 |
| 2 | Ex.P2 Notice sent by the plaintiffs defendant. |
to the 18.02.2011 |
| 3 | Ex.P3 Acknowledgment card. |
21.02.2011 |
| 4 | Ex.P4 Sale Agreement. |
22.10.2010 |
| 5 | Ex.P5 Copy of the Rejoinder notice. |
25.02.2011 |
| 6 | Ex.P6 Copy of deposit of the title deed. |
03.04.2012 |
| 7 | Ex.P7 Encumbrance certificate. |
06.12.2016 |
| dsa | 19.02.2018 |
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R.SUBRAMANIAN, J.
dsa
C.S.No.599 of 2011
19.02.2018
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
