M/S. Alpha Commercials v. Mr.A.M.Farook & 5 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.03.2024

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M/s.Alpha Commercials, represented by its Authorised person S.Srinivasan .. Plaintiff /versus/ 1.A.M.Farook 2.M/s.A.K.R.Viyapaar Ltd., represented by its Managing Director A.M.Farook 3.M/s.A.K.R.Infrastructure Ltd., rep. by its Director Nagoor Mohideen 4.M/s.Allied Estates, represented by its Managing Partner A.M.Farook 5.Nishat Fathima 6.Mohammed Ghazali .. Defendants Prayer: Civil Suit has been filed under Order IV, Rule 1 of the Original Side Rules read with Order VII Rule 1 of Code of Civil Procedure to pass a judgment and decree:

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a)directing the defendants to execute the sale deed and cause the registration of the sale deed for the property mentioned in the schedule, in accordance with the sale agreement dated 07.10.2009 within the time stipulated by this Court;

b)In the event of default by the defendants in complying the orders of this Court as prayed above appoint an Office of this Court to cause registration of the sale deed for the schedule mentioned property after paying the stamp duty and registration charges for execution; c)If for any reason the main relief for specific performance is not granted direct the defendants to refund a sum of Rs.7 crores with interest at 24% per annum from the date of the plaint till realisation of the same; d)directing the defendants to pay the costs of the suit. For Plaintiff : Mr.T.Dhanasekaran For defendant : Mr.K.Sakthivel for D5 & D6 D1 to D4 - exparte

J U D G M E N T

The matter is listed under the caption 'for dismissal' today. As seen from the earlier proceedings, the learned counsel for the plaintiff has been repeatedly seeking adjournments. Even today, he is not ready. It can 2/4

now be inferred that the plaintiff is not interested in prosecuting the suit. Accordingly, this suit is dismissed for non prosecution. No costs. 01.03.2024 vga 3/4

ABDUL QUDDHOSE, J.

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