S.R.Murugadoss v. M/S.Land Marvel Homes
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2019
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.67 of 2018 and A.No.6158 of 2018 1.S.R.Murugadoss 2.Seetha Murugadoss ... Plaintiffs Vs.
1.M/s.Land Marvel Homes, No.63 (Old Vasantha Bhavan adjaceent entrance) I Floort, L.B.Road, Adyar, Chennai - 600 020. 2.M.Palaniappan 3.M.Arivazhagan 4.M.Veerasekar 5.M.Vinayagharaaj 6.C.V.S.Lakshmamma 7.Dr.C.V.Shiva Kumar ... Defendants Plaint filed under Order IV Rule 1 of O.S.Rules read with Order VII Rule 1 of C.P.C. praying to pass a judgment and decree:
(a) directing the defendants 1 to 5 jointly and severally to pay the plaintiffs a sum of Rs.3,99,11,055.14 together with interest at 18% p.a. on Rs.3,37,58,780/- from this date till dat of realization in full;
(b) permanent injunction restraining the defendants 1 to 5, their men, agent/s, servant/s or anyone acting on their behalf from interfering with plaintiffs' peaceful possession and enjoyment of the schedule property, as the plaintiffs fear that the quality of construction will be at stake if the defendants 1 to 5 are permitted to construct the Flats after this episode; (c) directing the defendants 6 and 7 to partition the Schedule Property by metes and bounds and allot 60% area of the Schedule Property to the plaintiffs and if the schedule property is not divisible by metes and bounds as per Law in force, the plaintiffs are also willing to purchase the remaining 40% of the Schedule Property from the defendants 6 and 7 according to the value fixed by this Hon'ble Court and (d) for costs of the suit.
For Plaintiffs : Mr.V.Bhiman for M/s.Sampathkumar & Associates For defendants : Mrs.Indhu Karunakaran for D1 to D5 Mr.R.Narayanan for D6 and D7
J U D G M E N T
The matter was referred to mediation on 15.11.2018. Mediation report has been received. The joint memo of compromise entered into between the parties has also been filed. The mediation report discloses that the bone of contention between the parties has been settled between the parties as per the joint memo of compromise.
2. As per the same, the suit is decreed in terms of compromise. The said compromise memo shall form part of the decree. No costs. Consequently, the connected Application is closed. Index : Yes/No Internet : Yes/No Speaking Order/ Non-Speaking Order
List of the witnesses examined on the side of the plaintiffs :
PW1 - S.Murugadas List of Exhibits marked on the side of the plaintiffs: Sl.
No.
Exhibits Description Dated Ex.P1 Photocopy of the Promoter Agreement for Construction of Flat 30.03.2010 Ex.P2 Copy of Supplement Agreement 01.09.2010 Ex.P3 Copy of letter from defendants 1 to 5 reducing interest payable to 18% from 24% 25.10.2011 Ex.P4 Copy of Income Tax order demanding capital gain tax 31.12.2012 Ex.P5 Copy of the Agreement for allotment and Construction of Flat 09.02.2014 Ex.P6 Copy of Agreement 20.08.2015 Ex.P7 Copy of Agreement for construction of 2500 sq.ft in the first floor together with 2 covered car park 12.02.2016 Ex.P8 Copy of the Sale Deed 12.02.2016 Ex.P9 Copy of the Agreement securing Rs.75 lakhs 12.02.2016 Ex.P10 Copy of the Sale 864/2016 SRO, Adyar 06.04.2016 Ex.P11 Copy of the Agreement for construction of 2500 Sq.ft in 2nd Floor together with 2 covered car park 14.11.2016 Ex.P12 Copy of Supplement 18.
11.2016 Ex.P13 Copy of the extract from the Permanent Land Register 05.08.2016 Ex.P14 Copy of the Notice from plaintiff's counsel to 1st defendant along with postal receipt and acknowledgment cards 23.03.2017 Ex.P15 Copy of letter from defendants 1 to 5 for starting construction 04.04.
Sl.
No.
Exhibits Description Dated Ex.P16 Copy of letter from defendants 1 to 5 for purchase of materials for construction 09.04.2017 Ex.P17 Copy of Notice from plaintiff's counsel to defendants 1 to 5 along with postal receipt and acknowledgment cards 24.05.2017 List of the witnesses examined on the side of the defendants : NIL List of Exhibits marked on the side of the defendants: NIL
R.SUBRAMANIAN, J.
C.S.No.67 of 2018