M/S. Serene Estates Pvt.Ltd v. Mr.K.Veeraragavan
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Tuesday, the 17th day of March, 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.THANGAVEL (Retd.) and Members Mr.J. Venkatesa Perumal Mr. M. Suresh Kumar C.S.No.779 of 2013 ( Civil suit is filed for a) judgment and decree against the defendants directing the defendants to execute the sale deed in terms of the agreement for sale dated 30th April, 2007 by executing the sale deed for the suit schedule property by the defendants to and in favour of the plaintiff on receipt of balance sale consideration of Rs.3,54,00,000/- In case of refusal for specific performance, the plaintiff shall be entitled to get back Rs.
24,00,000/- with interest @ 24% from the date of receipt till date of realization. b) the consequential prayer for permanent injunction restraining the defendants, servants, Agents or any other persons claiming under them in any manner alienating or encumbering or altering the physical feature of the property more fully described in the schedule property). M/s. Serene Estates Pvt. Ltd., having its Registered Office at No.7, Sarangapani Street, T. Nagar, Chennai- 600 017 represented by its Director Mr.B. Masthan Rao. Plaintiff Vs.
1.K. Veeraragavan 2.K. Selvam 3.K. Venugopal 4.K. Vasantha 5.K. Jayanthi 6.K. Ramesh 7.T. Nirmala
8. M. Veerabadran
9. M. Chandra Reddy .......Defendants This case came up for settlement before the Lok Adalat. Both the parties are present. Mrs. K. Aparna Devi, learned counsel for the plaintiff and Mr.Srenik S. Jain, the learned counsel for defendants are present.
O R D E R
The Suit in C.S.No.779 of 2013 pending on the file of the High Court, Madras has been referred to Lok Adalat for conciliation today.
2. The plaintiff filed a suit for specific performance against the defendants for the execution on sale deed with regard to the demised property in favour of the plaintiff by the defendants after receipt of the sale consideration mentioned in the plaint and for permanent injunction restraining the defendants, servants, agents or any other person claiming under them in any manner alienating or encumbering or altering the physical features of the suit property.
3. The learned counsel for the plaintiff filed a memo stating that the suit has been settled before Lok Adalat and a sale deed was executed with regard to te suit property by the defendants in favour of the plaintiffs after receipt of sale consideration and therefore, the suit may be dismissed as withdrawn and not pressed thereby permitting to refund the full court fee in favour of the plaintiff. The memo filed by the learned counsel for the plaintiff is recorded. An endorsement has also been made on the plaint by the learned counsel for the plaintiff as stated in the memo submitted to the Lok Adalat.
4. In view of the compromise arrived at between both the parties to
the suit, the Lok Adalat hereby declare and decree that the suit filed by the plaintiff for specific performance against the defendants is dismissed as not pressed with a direction to refund entire court fee to the plaintiff. No order as to costs. Award is passed accordingly. The Court fee paid shall be refunded to the parties in the manner provided under the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994. Judge Member Member To The parties/Advocate concerned Copy to
1. The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, O.S.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras. P.THANGAVEL (Retd.) gv
C.S.No.779 of 2013 17.03.2015