S.Murugan v. Ghazala Nasreen

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2018

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.S.No.44 of 2017 S.Murugan ... Plaintiff Vs.

Ghazala Nasreen ... Defendant Prayer: The Civil Suit has been filed under Order IV Rule 1 of the O.S.Rules read with Order VII Rule 1 of C.P.C. 1908, (a) directing the 1st defendant to specifically perform his part of the contract dated 19.08.2016 by executing sale deed/s in favour of the plaintiff after receiving the balance sale consideration as agreed under the sale agreement dated 19.08.2016 (or) in the alternative directing the defendant to repay the amount of Rs.45,00,000/- paid by the plaintiff together with interest at the rate of 18% on Rs.45,00,000/- from the date of the plaint till the date of realisation (b) granting an order of permanent injunction restraining the defendant, her men, agents and anyone claiming under or through her from in any manner disturbing the plaintiff's peaceful possession of the suit property.

For Plaintiff : Mr.B.Adalarasan For Defendant : Mr.R.Vasudevan

JUDGMENT

The matter has been settled through mediation and the parties have also entered into a memorandum of compromise. Hence, the civil suit is decreed in terms of the memorandum of compromise entered during the month of April, 2018.

2.In addition to that, it is agreed by both the parties now that the plaintiff would vacate and handover the possession of the suit property to the defendant on or before 04.05.2018. The said submission is recorded.

3.Accordingly, the suit is decreed in terms of memorandum of compromise and the memorandum of compromise shall form part and parcel of the decree. The court fee paid shall be refunded to the plaintiff. Consequently, connected applications if any are closed. 28.04.2018 kas Index : yes / no Internet : yes / no Speaking / non speaking N.SATHISH KUMAR, J.

kas C.S.No.44 of 2017 28.04.2018