Arulmigu Ekambaranatha v. 1.Soora Balasubramania Chetty( Since Deceased)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2021 CORAM : JUSTICE N.SESHASAYEE Arulmigu Ekambaranathar Thirukoil, Kancheepuram, Represented by its Executive Officer.

...

Plaintiff Vs.

1.Soora Balasubramaniam Chetty (Since Deceased) 2.Soora Lutchmiah Chetty 3.Soora Ramalingam(Since Deceased) 4.Soora Sivashankar 5.Soora Vatsala 6.Soora Sivaprasad 7.Soora Niranjan 8.Soora Gopalsamy 9.Soora Sivashanmugham 10.Vijayalakshmi 11.Subasree 12.Soora RamGopal 13.The Superintendent, Postal Stores Department, Chennai-600 010.

14.The Chief Post-Master General, Tamilnadu Circle, Chennai-600 002.

15.Manjula 16.Soora Chandramouleeswaran 17.Soora Sudhakar 18.P.Chandrika ... Defendants [(1) 15th defendant brought on record as legal representative of the 1/4

deceased 3rd defendant as per Order dated 18.12.2006 in Appln.No.5146 of 2006 and time extended dated 12.01.2007.

2.Defendants 16 to 18 brought on record as legal representatives of the deceased first defendant as per Order dated 22.01.2019 in Appln.No.402 of 2019] PRAYER : Civil Suit filed under Order VII Rule 1 of C.P.C., and under Order IV Rule 1 of O.S.Rules, prays for a decree and judgment: (a) for recovery of vacant possession of the piece of land bearing Municipal Corporation Door No.772, Poonamallee High Road, Chennai-600 010 morefully and particularly described in the schedule hereunder;

(b)for recovery of arrears of rent Rs.385/- for the period from 21.10.97 to 20.11.98 at the rate of (Rs.352.12/-) per annum) Rs.29.34 P.M.

(c) For recovery of damages for use and occupation at the rate of Rs.9,85,950/- per month from 21.11.98 to 30.9.2000 being Rs.2,20,19,550/- but restricted to Rs.27,37,500/-. (d)For recovery of damages for use and occupation at Rs.9,85,950/- per month from 1.10.2000 and at the same rate, till the date of recovery of possession of the property. (e) The defendants for recovery of costs of the suits and (f) the defendants for grant of such or other reliefs as may be deemed fit and proper under the circumstances of the case. 2/4

For Plaintiff : M/s.M.R.Uma Vijayan For Defendants : Mr.P.B.Balaji [for D16] Mr.R.Thirugnanam [for D17] D18 - Set Exparte

JUDGMENT

The learned counsel for the plaintiff seeks leave of the Court to withdraw the suit with a liberty to proceed against the Defendants under Sections 78 & 79 of HR & CE Act and to refund the appropriate Court fee paid after withdrawal and also submitted that leave has already granted by the Commissioner, HR & CE vide letter dated 28.07.2021 ref:No.Se.Mu.Pa.Mu.No:51017/D4.

2. In view of the submission made by the learned counsel for the plaintiff, this suit is dismissed as withdrawn. No costs.

3. The Registry is directed to refund the Court fee as per law. 11.08.2021 Index : Yes / No Internet:Yes/No ssn 3/4

N.SESHASAYEE.J., ssn To

1. The Chief Post-Master General, Tamilnadu Circle, Chennai-600 002.

2. The Superintendent, Postal Stores Department, Chennai-600 010.

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