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A.Murugan v. K.Bala Venkatesh

Madras HC7 Mar 2025CS/48/2021

Case brief

AI extract

What is this about?

C.S.No.48 of 2021; Madras High Court; Justice K. Kumaresh Babu; A. Murugan vs K. Bala Venkatesh and B. B. Vetrivelar; recovery of money; compensation for improvements to suit property; permanent injunction; M/s.Alagar Mess and Lodging House; T.Nagar Chennai hotel business; mediation; Joint Memo of Compromise; disposal of suit on settlement; refund of court fee; no order as to costs; connected miscellaneous applications closed.

What did the court decide?

Suit disposed of in terms of the Joint Memo of Compromise entered into between the parties (memo annexed to the judgment); refund of court fee to the plaintiff; no order as to costs; connected miscellaneous applications closed. No monetary decree was passed as the dispute was settled without adjudication. ¶29

A.Murugan Vs K.Bala Venkatesh — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the plaintiff was entitled to recovery of money from the defendants and permanent injunction restraining disturbance of the peaceful running of the business, as framed by the suit's stated object (ultimately resolved by compromise without adjudication).

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Court's answer

In view of the settlement arrived at between the parties on the terms of the Memo of Compromise (with the Mediation Report), no further adjudication was required; the Suit is disposed of in terms of the Joint Memo of Compromise, which forms part of the judgment and is annexed to it.

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Ratio / Principle

The Registry is directed to refund the court fee paid by the plaintiff; there shall be no order as to costs; consequently, connected miscellaneous applications are closed.

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Detailed headnote1 paragraphs

C.S.No.48 of 2021 (High Court of Judicature at Madras, K. Kumaresh Babu, J.), decided 07.03.2025 — Civil suit by A. Murugan against K. Bala Venkatesh and B. B. Vetrivelar for recovery of Rs.30,00,000/- with future interest at 18% p.a. on monthly rests, compensation of Rs.2,55,94,330/- for improvements to the suit schedule property, and permanent injunctions restraining interference with the hotel business carried on as M/s.Alagar Mess and Lodging House and with amenities (power supply, water and sewerage) at Door No.77, Parthasarathipuram 1st Street, T.Nagar, Chennai. A Mediation Report and a Joint Memo of Compromise were received from the Mediation Center and acknowledged by learned counsel for both parties; the court held that no further adjudication was required and disposed of the Suit in terms of the Joint Memo of Compromise, which forms part of the judgment and is annexed to it. Registry directed to refund the court fee paid by the plaintiff; no order as to costs; connected miscellaneous applications closed. No adjudication on merits; no precedent value beyond the fact of compromise disposal.

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C.S.No.48 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 07.03.2025

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CORAM :

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THE HON'BLE MR.JUSTICE K.KUMARESH BABU

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C.S.No.48 of 2021

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A.Murugan . ... Plaintiff

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vs.

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1.K.Bala Venkatesh 2.B.B.Vetrivelar ... Defendants

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Prayer : Civil Suit filed under Order IV Rule 1 & 2 of Madras High Court Original Side Rules read with Order VII Rule 1 of CPC to pass decree and Judgment against the defendants as hereunder:-

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a) For recovery of a sum of Rs.30,00,000/- (Rupees Thirty Lakhs Only) paid with future interest at 18% p.a. on monthly rests from the date of plaint till the date of realization.

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b) For recovery of a sum of Rs.2,55,94,330 from the defendants as compensation payable by the defendants to the plaintiff for the improvements made to the suit schedule property with interest @ 12 per annum from the date of plaint till the date of realization;

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c)For a permanent injunction restraining the defendants, their

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

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C.S.No.48 of 2021

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men, servants or agents or anyone claiming under them from in any manner interfering with the peaceful running of the Hotel Business carried on under the name and style of M/s.Alagar Mess and Lodging House situate at Door No.77, Parthasazrathipuram 1^st Street, Off North Usman Road, T.Nagar, Chennai – 600 017, morefully described in the suit schedule property;

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d)For a permanent injunction restraining the defendants, their men, servants or agents or anyone claiming under them from in any manner interfering with the amenities enjoyed by the plaintiff in respect of the suit premises situate at Door No77, Parthasarathipuram 1^st Street, Off North Usman Road, T.Nagar, Chennai – 600 017, such a power Supply, water and sewerage connection and other amenities provided in the premises except in accordance with law;

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e) Granting such further or other reliefs, as this Court may deed fit and proper in the circumstances.

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f) Cost of the suit.

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For Plaintiff : Mr.Ramana Reddy

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For defendants : Mr.K.Subbu Ranga Bharathi

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

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C.S.No.48 of 2021

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J U D G M E N T

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This suit has been filed by the plaintiff for recovery of money from the defendants and permanent injunction restraining the defendants not to disturb the peaceful running of the business.

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A Mediation Report had been received from the Mediation Center along with a Joint Memo of Compromise filed by the parties jointly indicating that the parties have settled the dispute among themselves and the said memo has been acknowledged by the learned counsel appearing for both the parties.

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In view of the settlement arrived at between the parties on terms of Memo of Compromise, no further adjudication is required to be made in the Suit and accordingly, the Suit is disposed of in terms of the Joint Memo of Compromise entered into between the parties. The said Joint Memo of Compromise shall form a part of this judgments and the same is also annexed to this judgment .

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Registry is directed to refund the court fee paid by the plaintiff. However, there shall be no order as to costs. Consequently, connected miscellaneous applications are closed.

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

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C.S.No.48 of 2021

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07.03.2025

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Index : Yes / No Internet :Yes / No Gba

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