A civil suit for specific performance can be disposed of in terms of a Joint Memo of Compromise reached through mediation, with the court permitting the refund of court fees under the applicable state act.

Prayer : Suit filed under Order VII Rule 1 of Code of Civil Procedure, 1908 read with Order IV Rule 1 of O.S. Rules of Madras to (a) Grant a decree of specific performance by directing the defendants 1to3 herein to execute the sale deed, conveying the suit schedule property to the plaintiff by receiving the balance sale consideration in terms of the sale agreement dated 25/11/2016 on or before a date to be specified by the Honourable Court and on failure to act in terms of the direction, permitting the plaintiff to deposit the balance sale consideration of Rs.67,000/- before this Court to the credit of the above suit and seek for execution of the sale deed in favour of the plaintiff conveying the suit schedule property and to register the same in accordance with law; b] Alternatively, directing the defendants 1 to 3 herein jointly and severally to pay the plaintiff a sum of Rs.50,33,000/- being the amount paid towards sale price and Rs.2,73,032 being the interest amount till the date of payment in full and restricting such claim as c] Mandatory injunction directing the defendants 1 to 3 herein to handover the original documents, viz., sale-cum-Construction Agreement dated 25.06.2007, sale deed dated 31.08.2007, bearing document No.7716/2007, N.O.C. from Cholamandalam Investments & Finance Co. Ltd., relating to the suit schedule property in favour of the plaintiff; d] permanent injunction restraining the defendants or any of their men, servants, agents or any persons claiming through them from interfering with plaintiff’s rights over the suit property ; and for costs.

JUDGMENT

The suit has been filed for specific performance of the agreement entered between the parties on 25.11.2016 or in the alternative direct the defendants to pay a sum of Rs.50,33,000/- the advance amount paid by the plaintiff and for mandatory injunction to return the original documents, sale-cumConstruction Agreement dated 25.06.2007, sale deed dated 31.08.2007 relating to the suit property and for permanent injunction restraining the defendants and their men from interfering with plaintiff’ right over the suit property and for costs.

2. It is seen from the records that earlier, this Court, on 22.04.2026 had referred the matter to the Mediation and Conciliation Centre, High Court, Madras. Accordingly, the parties have appeared before the Mediation and Conciliation Centre, High Court Madras and arrived at a compromise and entered into a Joint Memo of Compromise dated 15.06.2026. The plaintiff and the first and second defendants are present before this Court and the third defendant appeared through video confenferencing along with their counsel and submitted that since the matter has been settled between the parties, the refund of the court fee may be permitted.

3. In view of the above, this Civil Suit is disposed of in terms of the Joint Memo of Compromise dated 15.06.2026. The Joint Memo of Compromise dated 15.06.2026 shall form part of the decree and Judgment. This court directs the registry to refund the entire court fees paid in the suit under Section 69-A of the Tamil Nadu Court Fees Suit & Valuation Act, 1955. No costs. Consequently, connected applications or original applications, if any stand closed.

01-07-2026

Index: Yes/No Speaking/Non-speaking order

Neutral Citation: Yes/No

vrc