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Madras High CourtCS/266/2014disposed of

R.Sekar v. M.Gunasekaran & Another

2015-04-23Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2015

CORAM

THE HONOURABLE MR. JUSTICE B. RAJENDRAN Civil Suit No. 266 of 2014 R. Sekar .. Plaintiff

Versus

1. M. Gunasekaran

2. P.G. Usharani .. Defendants Plaint filed under Order VII Rule 1 of O.S. Rules read with Order VII Rule 1 of CPC, 1908 praying for a decree and judgment against the defendants for specific performance of the sale agreement dated 26.09.2012 and for a consequential permanent injunction.

For Plaintiff :

Mr. R. Natarajan For Defendants :

Mr. S. Pachaiyappan

JUDGMENT

The above Civil Suit was referred to Tamil Nadu Mediation and Conciliation Centre, High Court, Madras.

2.

A communication dated 20.04.2015 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its report dated 30.03.2015 has been received, wherein it is stated as follows:- "Both parties appeared before the Centre

along with their counsel. Matter has been settled between them as per the terms cited in the Mediatino Agreement enclosed. Hence, the matter is sent back to the Honourable Court." 3.

The Mediation Agreement dated 30.03.2015 recorded before the Tamil Nadu Mediation and Conciliation Centre, signed by both sides along with their respective counsel reads as follows:- "1. Plaintiff had paid a sum of Rs.68,50,000/- (Rupees Sixty Eight Lakhs and Fifty Thousand only) to the defendants and the defendants had executed the sale deed in respect of the suit property to and in favour of the plaintiff on 25.03.2015, which was registered as document No.1237 of 2015 in the office of the Sub-Registrar, Kodambakkam.

2.

Both parties agree that they have no further claim against each other."

4.Today, when the Civil Suit is taken up, counsel for both the parties, in appreciation of the mediation work carried out by the Mediation Centre have voluntarily consented to pay a sum of Rs.25,000/- each to the Tamil Nadu Mediation and Conciliation Centre attached to this Court. The said statement of the counsel for both sides is recorded.

5. In terms of the settlement arrived at between the parties, Registry is directed to refund the court fee to the plaintiff as contemplated under Section 69-A of the Tamil Nadu Court Fee and Suit Valuation Act. The plaintiff as well as the defendant shall, as agreed by them voluntarily, pay a

sum of Rs.25,000/- each directly to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, as expeditiously as possible, preferably within a period of four weeks from a copy of this order.

6. The Civil Suit is ordered on the above terms. sd/.B.R.J 23.04.2015 //Certified to be a true copy// Dated this the day of 2015.

R.s/06.10.2015 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.