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Madras High CourtCS/593/2014withdrawn dismissed

Kumar Thanu v. Mrs.N.Shanthi

2018-10-08Honourable Mr Justice M. Govindaraj1 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.10.2018

CORAM

THE HON'BLE MR. JUSTICE M. GOVINDARAJ C.S.No.593 of 2014 and OA.NOs.729, 730 & 731 of 2014 Kumar Thanu ...Plaintiff Vs.

1. N.Shanthi

2. M.Arunakumari

3. Vimalananda

4. Vadlamudi Venugopal

5. Mallireddy Raghu Veer ...Defendants Prayer:- Plaint filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 C.P.C.

a. directing the first defendant to specifically perform the Agreement to Sale dated 04.07.2011 executed between the plaintiff and 1st defendant by executing a sale deed of the suit schedule property and registering the same by receiving the balance sale consideration of Rs.51,88,200/- b. declare the 4 sale deeds executed by the 1st defendant in the favour of defendant 2 in Document No.12660 of 2011, defendant 3 in Document No.13297/2011, defendant 4 in Document No.17419 of 2011 and defendant 5 in Document No.17420 of 2011 as null and void. c. permanent injunction restraining the 1st defendant her agents, nominees, assigns or any other persons claiming through her from alienating the suit schedule property to the extent of 6.84 acres. d. in the alternate directing the 1st defendant to pay a sum of Rs.1,00,000/- M.

GOVINDARAJ, J dpq towards damages being the loss of profits suffered by the plaintiff on the schedule mentioned property with effect from October 2011 till date. e. directing the 1st defendant to pay to the plaintiff the sum of Rs.1,50,000/- paid by the plaintiff to the defendant as advance along with interest thereon at the rate of 18% per annum from 04.07.2011 the date of payment till the date of repayment of the same. f. directing the 1st defendant to pay the costs of the suit. For Plaintiff : M/s.

ORDER

The learned counsel for the plaintiff seeks permission of this Court to withdraw the suit since the matter has been settled out of Court. He has also made an endorsement to that effect in the Court bundle and the said endorsement is recorded. Hence, the suit is dismissed as settled out of court. Refund of Court fee, if any shall be made as per law. No costs. Connected applications are also closed.

08.10.2018 Index: Yes/No Internet:Yes/No Speaking order/Non speaking order dpq C.S.No.593 of 2014 and OA.NOs.729, 730 & 731 of 2014