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Madras High CourtCS/217/2023disposed of in memo of compromise

Vijay Hinduja v. S.Shyla Banu

2024-12-11Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.12.2024

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Vijay Hinduja .. Plaintiff /versus/ S.Shyla Banu .. Defendant This Civil Suit is filed under Order IV Rule 1 of Madras High Court Original Side Rules r/w Order VII Rule 1 of C.P.C., prayed for (a) for specific performance of agreement for sale dated 03.09.2018, Doc.No.3383 of 2018, SRO-Kodambakkam, by directing the defendant to execute sale deed in favour of the plaintiff for the suit property after receiving the balance sale consideration of Rs.50,00,000/- (Rupees Fifty Lakhs only) from the plaintiff, failing which, this Hon'ble Court may be pleased to execute and register sale deed in favour of the plaintiff and to place the plaintiff in exclusive possession and enjoyment of the suit property ;

(b) Directingn the defendant to pay the costs of the suit; For plaintiff : Mr.M.V.Seshachari For Defendant : M/s.P.V.Sudakar 1/4

JUDGMENT

The suit for specific performance of the agreement of sale dated 03.09.2018 registered as document No.3383 of 2018 at the SRO, Kodambakkam, has ended through a compromise between the parties and a Joint Memo of Compromise signed by both the plaintiff and the defendant is filed.

2.

Today the plaintiff, Vijay Hinduja is present and on behalf of the defendant, her husband, M.Shahul Hameed, who holds a special Power of Attorney for the defendant, S.Shyla Banu, is present. The parties report that they have settled their dispute in terms of the Memo of Compromise and seek a decree as per the terms of compromise entered between them on 18.09.2024. Being satisfied that the Compromise has been reached voluntarily and without any external force, the same is accepted.

3.

In view of the Memo of Compromise, the suit is decreed as prayed for. The terms of Memo of Compromise dated 18.09.2024 shall form part of the decree. The plaintiff is entitled to a refund of the Court fee, defraying 5%.There shall be no order as to costs. 2/4

11.12.2024 Speaking Order / Non-Speaking Order Index : yes/no rpl Dr.G.JAYACHANDRAN,J.

rpl 3/4

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