M.P Jothi v. S.Mohana
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Sunday, the 22nd day of April 2018 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.GOVINDARAJ and Members Mr.V.Pauldas Mr.W.M.Abdul Majeed C.S.No.994 of 2016 (Suit filed under Order XXXIV Rule 1 of Civil Procedure Code read with Order IV Rule 1 of Original Side Rules for the following prayers:- a. Directing the Defendant to pay the plaintiff a sum of Rs.56,70,000/- together with the interest at the rate of 24% p.a. from the date of plaint till the date of payment in full, on or before a date to be fixed by this Court.
b. On default of payment as ordered, ordering the sale of the schedule mentioned property in public auction and to adjust the sale proceeds towards the suit claim and in case of a short fall, to proceed against the Defendant personally for realising the amount.
c. To Grant PERMANENT INJUNCTION restraining the defendant her men, agents, representatives and any other persons claiming under her from encumbering, alienating, dealing, changing nature, creating charge over the suit property between the family members and third party/ies without settling the plaintiff's amount in full;
d. Directing the defendant to pay the plaintiff entire cost of the suit.) Mrs.M.P.Jothi W/o M.Yesudass, No.6/3, 4th Street, Rajamangalam, Villivakkam, Chennai - 600 049.
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Plaintiff Vs Mrs.S.Mohana @ Mohanasundari, W/o Mr. Senthil Kumaran, No.43/31, Perumal Koil 6th Cross Street, Kallikuppam, Chennai-53.
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Respondent This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.D.Senthil Kumar, learned counsel for the plaintiff and Mr.A.Asokan., learned counsel for the
defendant are present. After mutual discussion, both parties have arrived at a compromise to settle the matter as follows:
TERMS OF SETTLEMENT Parties appeared before me and filed the Joint Memo of Compromise dated 22.04.2018.
2. In view of terms and conditions of the Joint Memo of Compromise, the matter is settled and the Civil Suit is ordered accordingly. The Joint Memo of Compromise is taken on record and the same shall form part of the order.
M.P.Jothi (Plaintiff) Counsel for the plaintiff S.Mohana (Defendant) Counsel for the defendant
This National Lok Adalat award is passed in terms of the above settlement.
The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.
Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(LA) // The Certified to be true copy // Sub-Assistant Registrar(OS)
To:The parties/Advocate concerned Copy to:
1.The Secretary, High Court Legal Services Committee, Chennai.
2.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies
3. The Record Keeper, Original Side, High Court, Madras.
M. GOVINDARAJ, J.
asi C.S.No.994 of 2016 22.04.2018