Madras High CourtCS/70/2022dismissed as settled out of court

A.Ansar Ahamed v. C.Kumaran

2023-12-08Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2023

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR C.S.No.70 of 2022 1.A.Ansar Ahamed 2.A.Jakir Ahamed .. Plaintiffs

Versus

1.C.Kumaran 2.C.Rani 3.S.Sankar 4.T.Govindaraj 5.G.Nithya .. Defendants Civil Suit filed under Order IV Rule 1 of High Court O.S. Rules 1956 read with Order VII Rule 1 of CPC for the following reliefs: a) directing the defendants to convey the schedule mentioned property to the plaintiffs as per the Agreement for Sale dated 21.04.2008 registered as Document No.385 of 2008, on the file of the Joint I Sub Registrar, Chennai Central, by due execution and registration of the sale deed within the period to be fixed by this Court and in the event of non-

compliance with the above order of this Court, conveying the schedule mentioned property to the plaintiffs, by execution and registration of sale deed in favour of the plaintiffs;

b) to grant an order of perpetual injunction restraining the defendants or anyone claiming under them from interfering with the plaintiffs' peaceful possession and enjoyment of the schedule mentioned property; c) directing the defendants to pay to the plaintiffs, the costs and expenses incurred in preferring this suit;

For plaintiffs : Mr.G.S.Anand for Mr.K.Surendar For defendants : Mr.A.P.Kannan for D1 Mr.S.Sathiaseelan for D4

JUDGMENT

The learned counsel for the plaintiffs as well as the plaintiffs and 5th defendant are present before this Court. The learned counsel for the plaintiffs submitted that the matter has been settled between the parties and sought permission of this court to withdraw the suit as settled out of Court. Joint Compromise of Memo is also filed to that effect.

2. I have perused the materials placed on record. Though, they have filed Joint Compromise Memo entered into between the plaintiffs and the defendants 1 & 5, this Court is not inclined to record the same. However, since, the plaintiffs themselves have made an endorsement to withdraw the suit as settled out of Court, this suit is dismissed as settled out of Court.

3. The said Joint Compromise Memo shall form part of the record. Accordingly, the Registry is directed to return the Court fee as per Rules. No costs.

08.12.2023 dhk

N.SATHISH KUMAR, J.

dhk C.S.No.70 of 2022 08.12.2023