St.Pauls Educational Trust v. Sunil Agarwal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No. 119 of 2019 and O.A.No. 123 of 2019 St. Paul's Educational and Charitable Trust Rep by its Managing Trustee K.Sarama No.8, 3rd Cross Street, M.K.B.Nagar Chennai-600 039.

... Plaintiff Vs.

1.Sunil Agarwal S/o.G.L.Agarwal No.4, 2nd Cross Street MKB Nagar, Vysarpadi Chennai - 600 039.

2.Dhanukaa Engineers A Proprietory Concern Represented by its Proprietor Sunil Bansal No.61, Ethiraj Swamy Salai Errukkancherrry Chennai - 600 0118.

... Defendants Plaint filed under Section 15 of Specific Relief Act read with Order IV Rule 1 of O.S. Rules praying to pass a judgment and decree: (a) directing the 1st defendant to execute and register the sale deed in respect of the suit property in favour of the plaintiff within the time stipulated by this Hon'ble Court and in failure to do so to direct the officer of this Hon'ble Court to

execute the sale deed in favour of the plaintiff. (b) directing the 1st defendant to deliver vacant possession of the suit property to the plaintiff (c) granting a decree for permanent injunction restraining the defendants their men, agents and anyone claiming under them from in any manner dealing with the suit property either by alienating or encumbering the suit property.

(d) directing the 1st defendant to pay a sum of Rs.2,00,000/- ever month towards damages for use and occupation of the suit property for the period from 15.01.2018 to 14.01.2019 and direct the 1st defendant to continue to pay a sum of Rs.2,00,000/- per month till the plaintiff is put in possession of the suit property.

(e) awarding the cost of the suit and (f) grant such further or other reliefs as this Hon'ble Court may deem fit and proper in the circumstances the case. For Plaintiff : Mr.Doraisami, Senior Counsel For M/s.Muthumani Doraisami For defendants : Mr.S.Ramanarayanan M/s.Sampathkumar Associates

J U D G M E N T

The parties have now entered into a compromise and a joint memo of compromise signed by the parties and their respective counsel has been filed.

2. Both Sri.K.Doraisamy, learned Senior Counsel appearing for the plaintiff and Mr.Ramanarayanan, learned counsel appearing for M/s.Sampathkumar Associates, for the defendants would submit that the entire suit has been settled in terms of the compromise.

3. Hence, the suit is decreed in terms of compromise. The joint memo of compromise shall form part of the decree. No costs. In view of the disposal of the suit, all the connected applications are closed. 30.04.2019 Index : No Internet : Yes maya

R.SUBRAMANIAN, J.

maya C.S.No.119 of 2019 Dated : 30.04.2019