Madras High CourtCS/2/2022decree in terms of memo of comprom

Rajesh Bellae Papannarao v. J.Rahuman Hussain

2022-11-15Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2022

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Civil Suit No.2 of 2022 Mr.Rajesh Bellae Papannarao ... Plaintiff versus Mr.J.Rahuman Hussain ... Defendant Prayer:

The Civil Suit filed under Order IV Rule 1 of the Madras High Court Original Side Rules and Order VII Rule 1 of CPC., to pass decree for specific performance of the sale agreement dated 24.12.2019 thereby direct the defendant to execute the sale deed in respect of the suit schedule property to and in favour of the plaintiff after receipt of a sum of Rs.50,00,000/- and hand over the possession of the suit schedule property to the plaintiff, failing which, the Court may execute the sale deed in favour of the plaintiff and hand over the possession of the same, in alternatively direct the defendant to return the advance amount of Rs.1,00,00,000/- together with interest at the rate of 18% from 24.12.2019 to till the date of plaint and together with future interest at the rate of 6% per annum on the advance amount of Rs.1,00,00,000/- till the date of realization and for the costs of the suit.

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For Plaintiff : Mrs.S.Lakshmi For Defendant : Mr.V.Manisekaran

JUDGMENT

The plaintiff and the defendant are present.

2. The learned counsels for the plaintiff and the defendant are also present.

3. The matter had been referred to Mediation and Conciliation Centre for amicable settlement, by an order dated 02.11.2022.

4. A Report had been received from the Mediation and Conciliation Centre, dated 10.11.2022 enclosing the settlement entered into between the parties.

5. That settlement had been signed by both the plaintiff and the defendant and also by the learned counsels.

6. The Settlement Agreement is dated 09.11.2022. 2/4

7. Both the plaintiff and the defendant had stated in open Court, that they have signed the Settlement Agreement with knowledge about the Terms of Settlement.

8. I must place my deepest appreciation for the learned Senior Counsel Ms.Chitra Sampath, who had adorned the role as mediator and had assisted the parties, to bring about an amicable settlement between them.

9. The part played by the learned counsels for the plaintiff and the defendant is also appreciated.

10. The suit is decreed in Terms of Memo of Settlement. The Settlement Agreement dated 09.11.2022 shall form part of the decree.

11. Since the parties had settled their issues before the Mediation and Conciliation Centre, the plaintiff is entitled for refund of Court fees in accordance with the rules.

15.11.2022 Index:Yes/No Speaking Order : Yes/No ssi 3/4

C.V.KARTHIKEYAN,J., ssi 15.11.2022 4/4