Madras High CourtCS/960/2017dismissed as settled out of court

R.Sivakumar v. A.Andal,

2018-12-21Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2018

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.S.No.960 of 2017 and O.A.Nos.1232 and 1233 of 2017 and 3745 of 2018 R.Sivakumar ... Plaintiff Vs A.Andal ... Defendant Plaint filed and Suit numbered under Order IV Rule 1 of O.S.Rules r/w Order VII Rule 1 of CPC, praying for judgment and decree as follows:

a. directing the defendant to honour the terms of the agreement for joint venture development, dated Nil.11.2016.

b. directing the defendant to convey the schedule-B mentioned property to the plaintiff or his nominee or nominees by due execution and registration of the sale deed within the period to be fixed by this Court and in the event of the defendant not complying with the above order of this Court, conveying the schedule-B mentioned property by due execution and registration of the sale deed in favour of the plaintiff or his nominee or nominee as per the agreement for sale dated 06.03.2017.

For Plaintiff : Ms.L.Kavitha for Mr.K.Surendar For Defendant : Mr.R.Saravanan

JUDGMENT

Ms.L.Kavitha, learned counsel for the plaintiff as well as Mr.R.Saravanan, learned counsel for the defendant submitted that the dispute between the parties has been amicably settled before the Tamil Nadu Mediation and Conciliation Centre. The Mediation Centre has produced the Mediation report dated 06.12.2018, enclosing the settlement agreement between the parties, dated 22.11.2018, signed by the parties as well as the counsel.

2. The learned counsel for the defendant would submit that as per the settlement agreement, the defendant has paid Rs.25,50,000/- to the plaintiff in two installments by way of Demand Draft dated 01.12.2018 and 10.12.2018. He has also filed a copy of the receipt of Demand Drafts and duly acknowledged by the plaintiff.

3. In the light of the above facts, the civil suit is dismissed as settled out of Court and the settlement agreement shall form part of the order.

Registry is directed to refund necessary Court fee to the plaintiff as per Rules. No costs. Consequently, connected applications are closed.

Sd./-M.K.K.S.J 21.12.2018 //Certified to be true copy// Dated at Madras this the day of 2019. JJ 25/06/2019 COURT OFFICER(O.S.) From 25th day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.