V. Natarajan v. Ravindran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Civil Suit No.825 of 2018 V.Natarajan, S/o.N.Venkateswaran, Door No.6, Plot No.5, I Floor, 4th Main Road, AIBEA Nagar, Thiruvanmiyur, Chennai - 600 041.

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Plaintiff versus N.Ravindran, S/o.S.Naganathan, Door No.6, Plot No.5, II Floor, 4th Main Road, AIBEA Nagar, Thiruvanmiyur, Chennai - 600 041.

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Defendant Prayer: Plaint filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of C.P.C. read with Order 34 Rule 4 C.P.C., praying for the following judgment and decree;

a) Pass a preliminary mortgage decree, in favour of the plaintiff, directing the defendant to pay or deposit into this Court a sum of Rs.98,00,000/- (Rupees Ninety Eight Lakhs 1/4

Only) with interest at 12% per annum within the time fixed by this Court and in case of his failure to pay the amount, to pass a final decree to bring the mortgage property detailed hereunder for sale and apply the proceeds thereof for satisfaction of the decree amount;

b) Pass a decree and judgment directing the defendant to pay a sum of Rs.2,94,00,000/- (Rupees Two Crores Ninety Four Lakhs Only) with interest at 12% per annum on Rs.1,50,00,000/- (Rupees One Crore Fifty Lakhs Only) from the date of plaint till its realisation; and c) Direct the defendant to pay costs.

For Plaintiff : Mr.R.Subramanian For Defendant : No Appearance

J U D G M E N T

Today, when the suit is taken up for hearing, both the plaintiff and the defendant are appeared through Video Conferencing. The learned counsel appearing for the plaintiff submitted that the parties have entered into Compromise and they have settled the matter in out of Court. Further, he would submit that in respect to the Compromise, the Joint Compromise Memo entered into between the parties has also been filed. 2/4

2. Hence, in view of the Joint Memorandum of Compromise dated 20.01.2021, this Civil Suit is dismissed, as the matter is settled out of Court. Registry is directed to refund the entire Court fee to the plaintiff after deducting the commission. No order as to costs. 01.02.2021 Speaking order / Non-speaking order Index : Yes / No Internet : Yes sri 3/4

R.PONGIAPPAN, J.

sri Civil Suit No.825 of 2018 01.02.2021 4/4