Renuka Sriram And Others v. G. Subramaniyam

S823.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.823 OF 2013 P.G. Sriram, since deceased, by LRs 1(a) Renuka Sriram 1(b) Ganesh Sriram and anr.

... Plaintiffs v/s G. Subramaniyam and others ... Defendants Mr K.H. Mody i/b M/s Shroff and Co. for Plaintiffs. Mr G.M. Joshi for Defendants.

CORAM : B.P. COLABAWALLA, J.

DATE : JUNE 28, 2017 P.C.:

1.

The subject matter of the Suit is Flat No.A-2/5, Shriram CHS Ltd., Off. S.V. Road, Andheri (West), Mumbai 400 058 (hereinafter referred to as the suit premises). Mr Mody, learned counsel appearing on behalf of the Plaintiffs, confirms that in terms of order dated 10th March 2017 passed by this Court, the Plaintiffs have received a sum of Rs.1,35,00,000/- in full an dfinal settlement of the Plaintiffs' claim in the present Suit. He further states that in view of this statement, the Plaintiffs and their respective heirs henceforth VRD 1/2

S823.13 shall have no claim in the suit premises and the Defendants shall be at liberty to have the suit premises and the membership rights therein transferred to the name of Defendant No.1 in the records of the Society. He therefore prays that the leave be granted to withdraw the above Suit.

2.

All the parties are before me through their respective counsel. None have disputed this position and neither have they opposed withdrawal of the Suit.

3.

In view of the aforesaid, Suit is dismissed as withdrawn. Refund of court fees as per rules. The refund, if any, to be paid to Plaintiff No.1(a) - Renuka Sriram.

(B.P. COLABAWALLA, J.) VRD 2/2