P.S.R.Sathyamurthy, v. Mrs G.Leelabai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.08.2020
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA P.S.R. Sathiyamoorthy ...Plaintiff -Vs1.G.Leelabai 2.G. Ajith Kumar 3.P. Padmaraj Jain 4.A. Marimuthu 5.M. Viajayarani 6.The Sub Registrar, T. Nagar Sub Registrar's Office, C.I.T. Nagar, Chennai - 600 035.
... Defendants Prayer: Civil Suit filed under Order IV Rule 1 of the Original Side Rules and under Order VII Rule 1 of the Code of Civil Procedure (a) to declare that the cancellation of Agreement of Sale dated 28.03.2013 executed by the 3rd defendant to and in favour of the defendants 1 and 2 and registered as Document No.P53/2013 at office of the Sub Registrar, T.Nagar, Chennai in respect of the schedule mentioned property is null and void, (b)to declare that the Sale Deed dated 28.03.2013 executed by the 1 and 2 defendants to and in favour of the 4th defendant and registered as 1/4
Document No.P54/2013 at office of the Sub Registrar, T.Nagar, Chennai in respect of the schedule mentioned property is null and void, (c)to declare that the Sale Deed dated 12.02.2014 executed by the defendants 1 and 2 to and in favour of the 5th defendant and registered as Document No.361/2014 at office of the Sub Registrar, T.Nagar, Chennai in respect of the schedule mentioned property is null and void, (d)directing the defendants 1 and 2 to execute and register the Sale Deed in respect of the schedule mentioned property as per the Agreement of Sale dated 12.12.2007 which is morefully described in the schedule hereunder by receiving the balance sale consideration of Rs.
5,00,00,000/- from the plaintiff and to hand over the vacant possession of the same to the plaintiff and in the event of the defendants 1 and 2 failing to do so, direct an Officer of this Hon'ble Court to execute and register the necessary Sale Deed in favour of the plaintiff and (e)for permanent injunction restraining the defendants, their men, agents, servants, subordinates or any person or persons claiming under or through them from in any manner selling, alienating or encumbering the schedule mentioned property which is morefully described in the schedule hereunder in any manner whatsoever. For Plaintiff : Mr.P. Kannan Kumar For Defendants : Mr.K.V. Sundararajan for D2 and D2 Mr.V.Raghavachari for D4 and D5 Mr.M.
ORDER
The parties had been referred to the Mediation Centre, for settling their disputes among themselves. The parties have now settled the dispute and the report has been received from the Mediation Centre enclosing a Memorandum of Understanding / Compromise Memo dated 04.08.2020 and a Memorandum of Understanding / Tripartite Agreement dated 04.08.2020. Both the Agreements are taken on file and shall form part of the Decree.
The Civil Suit is disposed of on the terms of Memo of Compromise. The plaintiff is entitled to refund of full Court Fee. No costs. 21.08.2020 Internet : Yes/No Index :Yes/No Speaking / Non-Speaking mps 3/4
P.T. ASHA. J, mps 21.08.2020 4/4