Madras High CourtCS/887/2015dismissed as settled out of court

M/S.Razak Trading Company v. M/S.Palaniappa Industries And

2017-07-25Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2017

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.S.No.887 of 2015 and A.No.980 of 2016 and O.A.No.1186 of 2015 in A.No.7403 of 2015 M/s.Razak Trading Company, A Registered Partnership Firm, Having its Registered Office No.6, Thandavarayan Street, Ariyalur, Represented herein by its partner Mr.A.Hyder Ali ... Plaintiff

Versus

1. M/s.Palaniappa Industries, A Partnership Firm, Registered Office, Plot No.1075, TVS Colony, Anna Nagar Western Extension, Chennai - 600 101.

2. P.A.Rajendran

3. P.A.Srinivasan

4. P.S.Palani

5. P.S.Kosala

6. P.S.Vadivelu

7. P.R.Sankar

8. P.R.Ganesh

9. P.R.Prakash 10.P.S.Dinesh

11. P.R.Ramesh

12. J.S.Suseela

13. S.E.Mallika

14. M.A.Kumudha

15. N.K.Gomathi

16. Nalini Eswaran (Purchaser) ...

Defendants Plaint filed under Order IV Rule 1 of Original Side Rules r/w Order VII Rule 1 of C.P.C. prays (a) directing the defendants 1 to 15 to execute and register a Sale Deed in respect of the Plaint Schedule Property in terms of the agreement of Sale dated 16.10.2005, on receipt of the balance sale consideration, on or a date to be specified by this Hon'ble Court, failing which this Hon'ble Court to execute and register the Sale Deed in favour of the plaintiff, (b) Consequently, direct the defendants to deliver vacant possession of the Plaint Schedule Property to the plaintiff, (c) Alternatively, the plaintiff prays for a decree for refund of the sum of Rs.53,63,818.00 together with further interest @ 18% p.a. from the date hereof till payment in full and (d) for the cost of this suit.

For Plaintiff : Mr.S.Vasudevan

J U D G M E N T

The learned counsel for the plaintiff has made the following endorsement:

"The Compromise amount has been received in full. The suit may be disposed as settled out of Court in terms of the memo of compromise between the petitioners. Prays for refund of full Court Fee to be ordered".

In view of the same, the suit is dismissed as settled during Mediation. Since the matter has been settled during Mediation, the plaintiff is entitled to refund of his entire court fees. No costs. Consequently, connected applications are closed. 25.07.2017 Speaking / Non-speaking Order Index : Yes/No rsi/srn

C.V.KARTHIKEYAN, J.

srn C.S.No.887 of 2015 25.07.2017