Suit filed for declaration of title and delivery of possession settled out of court; suit dismissed with refund of court fees.
Suit dismissed as settled; refund of entire court fee granted to plaintiffs.
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.02.2018
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.632 of 2012
1.P.Balamurali Krishna 2.Mrs.B.Subhashini
... Plaintiffs
..Vs..
1.P.Jayachandran 2.V.P.Jaganatha Rao 3.V.P.Harikrishnan ... Defendants
Plaint filed under Order VII Rule 1 of C.P.C. and Under Order 2
Rule 2 of the High Court O.S. Rules praying to pass a judgment and decree:-
a)declare that the second plaintiff is the absolute owner of the property, she having derived title to the property pursuant to the deed of settlement dated 30.04.2012 which is valid and binding and;
b)declaring that the cancellation deed dated 31.08.2009 and the settlement deed dated 31.08.2009 executed by C.Pattabiramaya and registered as Docs.Nos.3026 and 3027 of 2009 are illegal and inoperative and;
c)directing the defendants 1 to 3 herein to deliver vacant
2
possession of the property to the plaintiffs as the defendants are
presently in possession of certain portions of the property and
d)directing the defendants to pay the cost of the suit.
For Plaintiffs : Mr.S.A.Rajan For Defendants : Mr.S.William
J U D G M E N T
The suit was referred to mediation, and the parties have reached for settlement before the Mediation Centre, and the report of such settlement along with a memo of understanding has been filed by the parties. As per the said memo of understanding, the plaintiffs have agreed to withdraw the suit in C.S.No.632 of 2012.
2.Hence, the suit is dismissed as settled out of Court. The
plaintiffs are entitled to refund the entire Court fee. There will be an
order to refund the entire Court fee in favour of the plaintiffs.
15.02.2018
KP
3
Index : Yes/ No Internet : Yes/ No
Speaking Order/ Non-speaking Order
To The Sub Assistant Registrar, Original Side, High Court, Madras.
R.SUBRAMANIAN, J.
4
KP
C.S.No.632 of 2012
15.02.2018
2 provisions across 2 enactments
The Hon'ble Mr. Justice R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
