C.S.Ravi v. M/S.Jaydev Constructions

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.711 of 2014 and A.Nos.3621 of 2018, 3103 of 2016 and 3622 of 2018, O.A.Nos.884 and 885 of 2014 C.S.Ravi ... Plaintiff Vs.

1.M/s.Jaydev Constructions Pvt. Ltd., rep. by its Managing Director Mr.JVK.Srinath New No.78, (Old No.6A), Sreeman Srinivasan Road, Alwarpet, Chennai - 600 018.

2.Kavitha Srinath 3.R.Hariharan Iyer 4.Rajashree Hariharan 5.Srinivasan Murali Komandur 6.N.Kannan ... Defendants Plaint filed under Order VII Rule 1 of C.P.C. read with Order IV Rule 1 of Original Side Rules praying to pass a judgment and decree: (a) for a declaration that the Sale Deed dated 30.07.2010 registered as document No.1851 of 2010 on the file

of the Mylapore Sub Registrar Office pertaining the property morefully described in the Schedule B to the plaint as sham, nominal, null and ab-initio void, and not binding on the plaintiff;

(b) for a declaration that the Sale Deed dated 17.07.2013 registered as document No.2214 of 2013 on the file of the Mylapore Sub Registrar Office pertaining to the property morefully described in the Schedule B to the plaint as sham, nominal and null and ab-initio void and not binding on the plaintiff;

(c) for a permanent injunction restraining the defendants 1 to 4, their men or agent or anybody claiming under them from allotting, delivering, acquiring, occupying or getting into possession of any part of the building being constructed in an over the Schedule A property other than the third floor;

(d) directing the defendants 1 to 4 to pay the costs of proceedings.

For Plaintiffs : Mr.S.K.Srinivasan For defendants : Mr.T.Thiyagarajan for D1 and D2

J U D G M E N T

The learned counsel for the plaintiff would submit that the suit itself has been settled and a memo of compromise signed by the parties as well as

the counsel has been filed. The same shows that the subject matter of the suit is settled out of court. Hence, the suit is dismissed as settled out of court. In view of the settlement, all the applications stand closed and the order imposing costs also stands recalled. No costs. The court fee paid shall be refunded to the plaintiff.

22.02.2019 dsa Index : Yes/No Internet : Yes/No Speaking Order/ Non-Speaking Order List of the witnesses examined on the side of the plaintiff : NIL List of Exhibits marked on the side of the plaintiff: NIL List of the witnesses examined on the side of the defendants : NIL List of Exhibits marked on the side of the defendants: NIL 22.02.2019 dsa

R.SUBRAMANIAN, J.

dsa C.S.No.711 of 2014 22.02.2019