M/S.Thirdwave Holdings Pvt.Ltd v. V.Prameela

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2022 CORAM : JUSTICE N.SESHASAYEE M/s.Thirdwave Holdings Pvt. Ltd.

Represented by its Director Mr.Sailendra Kumar Jain No.36, Third Floor, MD Road Kolkatta - 700 006.

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Plaintiff Vs.

V.Prameela W/o.Mr.M.K.Velayutham No.9/3, Siva Kovil Cross Street Kodambakkam Chennai - 600 024.

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Defendant Prayer : Civil Suit filed under Order VII Rule 1 of CPC read with Order IV Rule 1 of the O.S. Rules, praying to pass a decree and judgement : (a) Granting a decree of specific performance of the agreement of sale dated 04.05.2016 entered into between the plaintiff and the defendant in respect of the plaint schedule property by directing the defendant to execute and register the sale deed in favour of the plaintiff in respect of the property i.e., All that piece and parcel of the land measuring 3,637 sq.ft. together building in stilt 2,685 sq.ft., first floor measuring 2,685 sq.ft and second floor measuring 2,685 sq.ft. as approved by the Corporation of Chennai vide 1/4

PP.No.D8/0149/09 and BA.No.D8/1418/09 dated 18.03.2009 and third, fourth floors measuring 2,685 sq.ft. each and fifth and sixth floor building measuring 521 sq.ft. each, situated at 'PREMEELA TOWERS', New Door No.13B, Old Door No.6/2, Trustpuram, 3rd Cross Street, Kodambakkam, Chennai - 600 024, comprised in T.S.No.142, Patta CA No.243/95-96 dated 05.07.1995, Block No.7 in favour of the vendor Mrs.V.Premeela as per patta New T.S.No.142/3, situated in Puliyur Village, Egmore-Nungambakkam Taluk, Chennai Corporation, the property morefully described in suit schedule and hand over the vacant possession of the suit schedule property to the plaintiff and on her failure to direct the registry to execute the sale deed and register the sale deed in favour of the plaintiff.

(b)Granting permanent injunction restraining the defendant, her men or agents or anyone acting under her from dealing with or encumbering the suit schedule property in any manner. (c) Granting the cost of the suit; and (d)Granting such other relief or order as this Court may deem fit and proper in the circumstances of the case. For Plaintiff : Mr.M.Arvind Kumar 2/4

JUDGMENT

This Court is informed by the learned counsel for the plaintiff that the matter has been settled by the parties outside the Court and a memo has been filed to that effect.

2. Recording the above, this suit is dismissed as settled out of Court. Registry is directed to refund the Court fee as per law. No costs. 12.12.2022 ds Index : Yes / No Internet : Yes / No 3/4

N.SESHASAYEE.J., ds 12.12.2022 4/4