The Indian Officers Associatio v. M/S.Modfurn Systems India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2017

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.S.Nos.719 and 720 of 2010 and A.Nos.1825 and 1826 of 2011 The Indian Officers' Association, represented by its General Secretary, Mr.R.Sellamuthu, No.69 (Old No.35), Thiru-Vi-Ka High Road, Royapettah, Chennai - 600 014.

... Plaintiff in both C.S.

Versus

M/s.Modfurn Systems India Private Limited, represented by its Director, Mr.E.Rajendran, No.69 (Old No.35), Thiru-Vi-Ka High Road, Royapettah, Chennai - 600 014.

...

Defendant in both C.S.

Plaint filed under Order IV Rule 1 of Original Side Rules r/w Order VII Rule 1 of C.P.C. (a) prayed to pass a decree and judgment (a) for possession of the suit premises in favour of the plaintiff and against the defendant, (b) to pay the cost of these proceedings. For Plaintiff : Mr.S.V.K. Thampi

J U D G M E N T

The plaintiff is a charitable trust. The defendant had taken possession of the ground floor and first floor with respect to disputes regarding the said possession and the amounts payable towards taking portions on possession, these two suits have been filed.

2. Subsequently, the learned counsel for the plaintiff had stated that comprehensive settlement had been reached between the parties and fresh lease agreements have been entered into. Learned counsel for the plaintiff therefore has made endorsements in both the plaints as follows:

"This suit has been settled out of Court. Hence, the suit may be dismissed as Settled out of Court. Half Court fee paid on the plaint may be refunded to the plaintiff."

3. In view of the above endorsements, both the suits are dismissed as settled out of Court. It is also represented that fresh lease agreements have been entered into between the parties. Any cause of action arising out and from the said fresh leases of

C.V.KARTHIKEYAN, J.

srn/rsi agreement, can be agitated by way of a fresh suit at future date, if required. Suits are dismissed as settled out of Court. Refund of entire Court fee is permitted to the plaintiff. No Costs. Consequently, connected applications are closed.

14.07.2017 Speaking / Non-speaking Order Index : Yes/No srn/rsi C.S.Nos.719 and 720 of 2010 and A.Nos.1825 and 1826 of 2011