Shaghithya Homes Pvt Ltd v. Mrs.P. Rajni

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.10.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and O.A. No. 831 of 2023 and A. No. 3572 of 2024 M/s.SHAGHITHYA HOMES PVT LTD Represented by its Director C. MURUGAN No.7, Srishanivas Kovilpatti Gopalakrishnan Street (KGK Street), Karthikeyan Nagar Maduravoyal, Chennai - 600 095.

.... Plaintiff -vs1. P.Rajni

2. P.Ramyaa

3. V.Annapurani ...Defendants PRAYER : This Suit has been filed under Order IV Rule 1 of Original Side Rules and Order VII Rule 1 of Code of Civil Procedure and Sections 2(c)(1) of the Commercial Courts Act, 2015 to grant a judgment and decree on the following terms:- a) Directing the Defendants to execute the Sale Deed in favour of the Plaintiff in respect of the balance of Suit Schedule property, on receipt of the balance of Sale Consideration, and on failure, to get the registration of the Sale deed in favour of the Plaintiff by this Hon'ble Court.

b) Grant an order of Permanent injunction restraining the Defendants herein, or their men, agents or any one claiming through them from creating any encumbrances including Sale Agreement, Sale Deed or other such charges over the suit schedule property. c) Grant an order of Permanent injunction restraining the Defendants herein, or their men, agents or any one claiming through them from interfering with the possession and enjoyment of the suit schedule property by the Plaintiff.

d) Directing the Defendants to pay the Cost of this Suit. For Plaintiff : Mr.B.Divakaran For Defendants : Mr.K.S.Vamsidhar & Mr.M.P.Muthukumaran (For D3) D1 and D2 - Not ready in notice

JUDGMENT

Pursuant to the efforts made by the Mediation Centre, the parties had resolved the dispute that had been arose in the suit and the defendants had also executed the sale deed in favour of the plaintiff and the said joint memo of compromise entered between the parties. For better appreciation, which is extracted hereunder:-

2.

The learned counsel for the plaintiff also acknowledges the sale deed executed by the defendants pursuant to the joint memo of compromise entered between the parties.

3.

The suit is disposed of in terms of the joint memo of compromise. Consequently, connected applications are closed. The plaintiff is entitled for refund of Court-Fee as applicable. No costs. 29.10.2024 Index :Yes/No Maya

K.KUMARESH BABU, J.

Maya and O.A. No. 831 of 2023 and A. No. 3572 of 2024 29.10.2024