M.A.No.229 of 2023 in Appeal (SR) No.237 of 2023
The Tamil Nadu Real Estate Appellate Tribunal (Tamil Nadu, Puducherry, Andaman and Nicobar Islands) issued the order in M.A. No. 229 of 2023 in Appeal (SR) No. 237 of 2023, dated 8 January 2024. It records an out of court settlement between M/s. Casa Grande Civil Engineering Private Limited, Ganesh S. and Padmini A., and disposes of both the delay application and appeal according to their Joint Memorandum of Compromise.
What the case concerned
M.A. No. 229 of 2023 in Appeal (SR) No. 237 of 2023 arose from a common order dated 20 June 2022 in C.C.P. No. 218 of 2021, passed by the Adjudicating Officer, TNRERA. M/s. Casa Grande Civil Engineering Private Limited filed the appeal against Ganesh S. and Padmini A. seeking to set aside that common order.
The company also filed an application under the Real Estate (Regulation and Development) Act, 2016, asking the tribunal to condone a delay of 196 days in filing the appeal.
What the tribunal decided
The Tamil Nadu Real Estate Appellate Tribunal considered the matter on 8 January 2024. Lawyers for both sides reported that the parties had settled the dispute out of court and had entered into a Joint Memorandum of Compromise dated 8 January 2024.
The tribunal took the signed compromise on record and disposed of M.A. No. 229 of 2023 and Appeal (SR) No. 237 of 2023 according to its terms. The compromise terms form part of the tribunal's order.
Key settlement terms
The Joint Memorandum of Compromise records that:
- M/s. Casa Grande Civil Engineering Private Limited had deposited Rs.21,78,396 towards the appeal.
- Rs.13,07,038 was to be withdrawn and paid to Ganesh S. and Padmini A. as full and final settlement of all claims.
- The remaining Rs.8,71,358 was to be withdrawn and released to M/s. Casa Grande Civil Engineering Private Limited.
- All issues, claims and disputes between the parties were settled.
- The parties did not reserve any right or liberty to pursue further claims or issues against each other.
Who is affected
M.A. No. 229 of 2023 in Appeal (SR) No. 237 of 2023 directly affects M/s. Casa Grande Civil Engineering Private Limited, Ganesh S. and Padmini A. It records a settlement of their particular dispute rather than announcing a general rule for property owners, buyers or real estate projects.
The document does not decide the underlying dispute on its merits. It closes the delay application and appeal because the parties agreed to settle and asked the tribunal to dispose of the proceedings on that basis.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Did the Tamil Nadu Real Estate Appellate Tribunal decide the underlying complaint?
No merits decision is recorded. The tribunal disposed of the application and appeal according to the parties' Joint Memorandum of Compromise.
How was the deposited amount divided?
From the deposited Rs.21,78,396, Rs.13,07,038 was to be paid to Ganesh S. and Padmini A., while Rs.8,71,358 was to be released to M/s. Casa Grande Civil Engineering Private Limited.
Can the parties bring further claims against each other about this dispute?
The compromise states that the parties reserved no right, interest or liberty to pursue further claims or issues against each other.
Does this tribunal order create a general rule for Tamil Nadu property buyers?
No. The order records and implements a settlement between the named company and respondents in this particular appeal.
