Church Of South India, v. Apostolic Fellowship Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2018

CORAM

THE HON'BLE Dr. JUSTICE ANITA SUMANTH CS. No.478 of 2002 Church of South India Madras Diocese represented by its Secretary.

...Plaintiff Vs.

Apostolic Fellowship of India rep. By its President.

...Defendant PRAYER: Plaint filed under Order VII Rule 1 of the C.P.C. read with Order IV Rule 1 of the Original Side Rules, praying for;

(i) directing the defendant to deliver vacant possession of the suit schedule premises along with the superstructures thereon to the plaintiff, (ii) directing the defendant to pay to the plaintiff the sum of Rs.2,25,000/- on account of past damages for use and occupation at the rate of Rs.25,000/- per month or such other rate as may be determined by this Court form 01.09.2000 till the date of the plaint.

(iii) directing the defendant to pay to the plaintiff interest on the aforesaid sum of Rs.2,25,000/- or such other sum as determined by this Court at the rate of 24% per annum from the date of the plaint till realization. http://www.judis.nic.in

DR.ANITA SUMANTH, J.

rkp/ska (iv) directing the defendant to pay to the plaintiff future damages from the date of the plaint till the date of delivery of possession at the rate of Rs.25,000/- per month or such other rate as may be determined by this Court. (v) for the costs of the suit.

For Plaintiff : Ms.P.V.Preeja for M/s.Adrian D.Rozario & Sheela D.Rozario For Defendant : Mr.K.G.Vasudevan

J U D G M E N T

A Memo of Compromise dated 24.10.2018 duly executed by the plaintiff and the defendant as well as their respective counsel is placed on file to the effect that the parties have settled the disputes as between the parties and do not wish to pursue the suit.

2. In the light of the above, the suit is decreed in terms of Memo of Compromise dated 24.10.2018, which forms part and parcel of this judgment. No costs.

31.10.2018 rkp/ska Speaking order/Non speaking order Index: Yes/No Internet: Yes/No CS. No.478 of 2002 http://www.judis.nic.in