Mrs.Abarna Shri W/O.P.Ananda Kumar v. The Nest Builders And 3 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.342 of 2019 & A.Nos.4115 & 4116 of 2019 & O.A.Nos.564 & 565 of 2019 K.Abarna Shri ... Plaintiff Vs.

1. The Nest Builders, Rep by its Chief Executive Officer Mr.Shankar Ganesh, Corporate Head Office, New No.15, Old No.6, Kamarajar Nagar, 4th Street, Cholaimedu, Chennai - 600 094.

Also at No.20/26, Neelkantan Street, Choolaimedu, Chennai - 600 094.

2. M/s. The Nest Arena Rep by its Proprietor K.Venkateswara Rao, No.20/26, Neelkantan Street, Choolaimedu, Chennai - 600 094.

3. Mr.Nirmal, General Manger, The Nest Builders, No.20/26, Neelkantan Street, Choolaimedu, Chennai - 600 094.

4. Mr.K.Tamil Selvan, Asst. General Manager, The Nest Builders, No.20/26, Neelkantan Street, Choolaimedu, Chennai - 600 094.

... Defendants Plaint filed under Order IV Rule 1 of Original Side Rules read with Section 26 and Order VII Rule 1 of the Code of Civil Procedure praying to pass a judgment and decree:

(a) directing the defendants to execute Sale Deed in respect to the schedule mentioned property in favour of the plaintiff and in default thereof, direct the execution of the sale deed through Court (b) Direct the defendants to put the plaintiff in possession of the schedule mentioned property (c) to pay the costs of the suit For Plaintiff : Mr.V.Raghavachari For defendants : Mr.Menon

J U D G M E N T

The learned counsel on either side submitted that the contentions raised by the parties in the suit have been settled amicably. Pursuant to the settlement, the second defendant has executed a Sale Deed as well as Construction Agreement in favour of the plaintiff on 15.07.2019. The entire consideration payable for the said Sale Deed has been paid over to the second defendant.

2. The parties have also filed a Joint Memorandum of compromise evidencing such settlement. The joint Memorandum states that the parties have no claims against each other.

3. In view of the above, the joint memorandum of compromise is recorded and the suit is disposed of as settled out of Court. Since the suit settled out of court, Registry is directed to refund the Court fee paid on the plaint under Section 69 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955.

22.07.2019 Index : Yes/No Internet : Yes/No Speaking Order/ Non-Speaking Order vum

R.SUBRAMANIAN, J.

vum C.S.No.342 of 2019 & A.Nos.4115 & 4116 of 2019 & O.A.Nos.564 & 565 of 2019 22.07.2019