B Aasaithambi Proprietor Of Shri Raghavendra Constructions v. G Vijayakumar And 6 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR B.Aasaithambi ... Plaintiff

Versus

1.G.Vijayakumar 2.G.Christiana Jayant 3.G.John D Ashok 4.G.Anandan 5.M/s.Citadel Constructions 6.S.R.Manimozhian 7.Baraneetharan Annadurai ... Defendants Prayer: Commercial Suit filed under Order IV Rule 1 of Original Side Rules, r/w Order VII Rule 1 of C.P.C. to grant a Judgment and Decree in favour of the plaintiff on the following terms: a.To Grant specific performance of the Joint development agreement dated 15.06.2022 against the defendants 1 to 4; or in alternative b.To direct the defendants 1 to 3 to repay the sum of Rs.1,25,00,000/- (Rupees one crore and twenty five lakhs only) with interest at the rate of 24% from the date of the institution of this suit until its realization; 1/6

c.Declaring the Memorandum of Deposit of Title deeds dated 27.09.2024 executed by the 4th defendant in favour of the defendants 6 and 7 as sham and nominal and the same is not binding on the plaintiff to obtain specific performance of the Joint Development Agreement dated 15.06.2022;

d.To grant permanent injunction restraining the 4th defendant, his men, agents and servants from alienating the suit schedule mentioned property to and e.For permanent injunction restraining the 4th and 5th defendants, their men, agents and servants from carrying on any construction activities in the schedule mentioned property pending disposal of the suit; f.That the defendants directed to pay the cost of the suit. For Plaintiff :

Mr.R.Rajarajan For defendants :

Mr.R.Ganesh Kumar for D4

JUDGMENT

Today, a Memo has been filed stating that an amount of Rs.6,00,000/- has been settled in favour of the plaintiff by the fourth defendant. According to the plaintiff, he is satisfied with the amount of settlement and requested this Court to dismiss this suit as withdrawn. The said Memorandum of Compromise is taken on record and the same is extracted hereunder: 2/6

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2.This suit is disposed of in terms of the Memorandum of Compromise, which shall form part of this judgment. No costs. The plaintiff is entitled for the court fee as per the existing rules. 29.10.2025 vga 5/6

N. SENTHILKUMAR, J.

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