Dismissed

F.Ashok Kumar v. Maranatha Full Gospel Association

Madras HC7 Mar 2024CS/18/2022

Case brief

AI extract

What is this about?

This High Court disposed of a civil suit for money recovery and mortgage release. The court accepted a Memorandum of Compromise where respondents paid the petitioner Rs. 1.5 crore as full settlement. The court decreed the suit, ordered refund of court fee, and directed release and discharge of the mortgage deed.

What did the court decide?

Suit decreed on merits of compromise; court fee refunded; mortgage deed released within one month by executing discharge receipt.

F.Ashok Kumar Vs Maranatha Full Gospel Association — Madras HC (2024) — LawSathi Research

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C.S.No.18 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 07.03.2024

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CORAM

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THE HON`BLE MR.JUSTICE N.SATHISH KUMAR

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C.S.No.18 of 2022

F.Ashok Kumar

.. Plaintiff

Versus

Maranatha Full Gospel Association rep. By its President Rev. Charles Finny Joseph Door No.1, Alagappa Road, Purusawalkam, Chennai – 600 084

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Rev. Charles Finnay Joseph Son of Henry Joseph, Door No.91, Alagappa Road, Purusawalkam, Chennai – 600 084

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Phebe Joseph

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.. Defendants

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Civil Suit filed under Order IV Rule 1 O.S.Rules and Order XXXVII

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Rule 1 of O.S.Rules read with Order XXXIV Rule 15 CPC and Order VII

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Rule 1 CPC praying for the following judgment and decree against the defendants.

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a) directing the defendants jointly and severally to pay the plaintiff a sum of Rs.2,46,02,000/- [Rupees Two Crores Forty Six Lakhs and Two

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1/4

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https://www.mhc.tn.gov.in/judis

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C.S.No.18 of 2022

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Thousand only) together with subsequent interest at 24% per annum on Rs.1,10,00,000/- [Rupees One Crore and Ten Lakhs only] from the date of the plaint till the date of realisation, within a time to be fixed by this Court, failing which pass an order, directing the sale of the mortgaged property, morefully described in the schedule hereunder, under orders of Court, and

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pass an order, directing the appropriation of the sale proceedings of the mortgaged property towards the amount decreed, and if there is any deficit, pass a personal decree against the defendants for the deficit;

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(b) directing the defendants to pay the cost of the suit; and

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For Plaintiff : Mr.C.Jagdish

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JUDGMENT

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The suit is for recovery of money of Rs.2,46,02,000/- [Rupees Two

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Crores Forty Six Lakhs and Two Thousand only) together with subsequent interest at 24% per annum on Rs.1,10,00,000/- [Rupees One Crore and Ten Lakhs only] from the date of the plaint till the date of realisation, within a time to be fixed by this Court.

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https://www.mhc.tn.gov.in/judis

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C.S.No.18 of 2022

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The plaintiff and the 2^nd defendant are present and produced a Memorandum of Compromise signed by all the defendants and the plaintiff. Now, the parties have agreed to settle the amount and the defendants have paid a sum of Rs.1,50,00,000/- [Rupees One Crore Fifty lakhs only] as full quit, through bank account and the same has been received by the plaintiff, which has been captured in the Memorandum of Compromise.

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The matter has been settled between the parties out of court. The Memorandum of Compromise shall form part of record. The court fee paid by the plaintiff shall be refunded as per law. The plaintiff shall execute a receipt for payment of amount and release the mortgage deed and register the receipt in the concerned office within a period of one month from the date of receipt of copy of a order. Since the mortgage deed has already been filed before this Court, the concerned Registrar shall act on the basis of the orders passed by this Court and allow the plaintiff to execute the discharge receipt.

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07.03.2024

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Internet : Yes Index : Yes / No ssd

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https://www.mhc.tn.gov.in/judis

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C.S.No.18 of 2022

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N.SATHISH KUMAR, J.

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ssd

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C.S.No.18 of 2022

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07.03.2024

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https://www.mhc.tn.gov.in/judis

F.Ashok Kumar v. Maranatha Full Gospel Association

Case brief

What is this about?

What did the court decide?

F.Ashok Kumar v. Maranatha Full Gospel Association

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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