Madras High CourtCS/658/2018decree in terms of memo of comprom

K.Rajah, S/O.V.Kanakasabai, Rep.By Poa R.Simoh Raja Pillai v. K.Jayanthi, D/O.V.Kanakasabai

2021-09-27Honourable Mr Justice N. Seshasayee3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2021 CORAM : JUSTICE N.SESHASAYEE C.S.No.658 of 2018 & O.A.No.895 of 2018 Mr.K.Rajah, S/o.V.Kanakasabai Rep. by his Power of Attorney Agent Mr.R.Simoh Raja Pillai Room No:10, Building No:13, 2nd Floor, Raoli Camp, K.D.Gaikwad Nagar, Sion, Mumbai - 400 022.

...

Plaintiff Vs.

1.Mrs.K.Jayanthi 2.M/s.Unetech Builders, Rep. by its Partners, P.Thanigainathan.

... Defendants PRAYER : Civil Suit filed under Order IV Rule 1 of O.S.Rules R/w Order VII Rule 1 of CPC:

(a) That a preliminary decree declaring 1/2 share of the plaintiff over the suit property and put the Plaintiff in separate possession of the same.

(b) To declare that the Joint venture agreement dated 31/01/2018 alleged to have been entered into between the parties is not binding on the plaintiff.

(c) Directing the defendant 1 and 2 to pay the plaintiff a sum of Rs.20,00,000/- (Rupees twenty lakhs only) towards the damages caused by them to the 1st floor of the premises. (d) The permanent injunction restraining the 2nd defendant from giving any more amount to the 1st Defendant claiming right under illegal Joint Venture agreement dated 31/01/2018 said to have been entered into between the parties.

(e) To pay the plaintiff cost of the suit.

For Plaintiff : Mr.J.Nandagopal For Defendants : Mr.N.V.Prakash

JUDGMENT

The parties have compromised the matter and have filed a compromise memo before this Court. All the parties have logged in and were identified by their respective counsel. The parties agree to the compromise and confirm the compromise memo they have executed.

2. This Court is satisfied about the legality of the compromise memo filed.

3. The compromise memo is recorded.

4. A decree is passed in terms of the compromise memo. The plaintiff is required to produce Non Judicial Stamp Papers.

5. The Civil Suit is disposed of accordingly. No costs. Consequently, the connected Application is closed.

Sd./- N.S.S.J., 27/09/2021.

//Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.