M/S.Propserity Homes v. Mrs.R.Bhuvaneswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR C.S. No.660 of 2016 M/s.Prosperity Homes, rep. by its partner S.Madhavan ... Plaintiff

Versus

1.R.Bhuvaneswari 2.M.Swathi 3.M.M.Sreevarshan ... 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)Direct the defendants 1 & 3 to execute a sale deed in favour of the plaintiff in respect of their 2/3rd undivided share in the suit property within such time as this Court may be pleased to fix and b)on the failure of the defendants 1 & 3 to comply with the directions of this Court, then this Court may be pleased to execute a Sale Deed on behalf of the defendants 1 & 3 and register the same in favour of the plaintiff (or) 1/10

in the alternative if this Court decides that the plaintiff is not entitled to the relief of Specific Performance of the contract as mentioned above direct the defendants to repay the sum of Rs.1,00,00,000/- (Rupees One crore) to the plaintiff which they had received from the plaintiff as part of the sale consideration together with interest at the rate of 24% per annum from 10.04.2013 till the date of payment and (c) direct the defendants to pay the costs of this suit to the plaintiff. For Plaintiff :

Mr.N.Manikandan For defendants :

Mr.R.Ganesh Kumar

JUDGMENT

Both the counsels have filed a Joint Memorandum of Compromise dated 25.09.2025, signed by the plaintiff and the defendants under which, the parties have agreed to settle the dispute as per the terms and conditions of the Memorandum of Compromise. The Joint Memorandum of Compromise has been signed by the respective parties and countersigned by the respective counsels. Defendants 2 and 3 are the daughter and son of the first defendant respectively. The authorised signatory of the plaintiff is also present. The presence has been identified by the respective counsels. The said Joint Memorandum of Compromise is taken on record and the same is extracted hereunder:

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N. SENTHILKUMAR, J.

vga 2.This suit is decreed in terms of the Joint 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. 13.10.2025 vga C.S. No.660 of 2016 10/10