G.Krishnamani & 2 Others v. Smt V.Sita And 32 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.11.2020
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
1. G. Krishnamani
2. Mrs. Usha Sukumar
3. Mrs. Uma Vaidyalingam ... Plaintiffs Vs.
1. Smt. V. Sita
2. Dr. N. Joseph
3. Dr. D. Sudhakar
4. Sri Bubba Sampath Kumar 1/9
5. Mr. A. Rajaram
6. Mrs. K. Suseela
7. Mrs. Mythili Ramaswamy
8. Mr. M.K. Ramaswamy
9. Mr. M. Ramesh
10. Mr. N.R. Ramaswamy
11. Smt. Haripriya
12. Smt. Hamsaveni
13. Mr. S. Varada Iyer
14. Mr. S. Kuppuswamy
15. Mr. K. Satyanarayanan
16. Smt. Jonnalagadda Lakshmi Sivajoythi
17. Smt. Dr. K. Siva Parvathy
18. Mrs. K. Prameela
19. Mrs. D. Vijaya Ramesh
20. Mr. R. Thiagarajan 2/9
21. Mr. T.R. Mohan
22. Mr. T. Sukumar
23. Mr. R. Tirunarayanan
24. Mr. T. Anand
25. Mrs. Mary Arthur Selvaraj
26. Mrs. J. Girija
27. Smt. L. Rukmani
28. Mrs. Lalitha Swaminathan
29. Mr. S. Ravishankar
30. Sri. G. Sudhakar
31. Dr. B. Srinivasan
32. Mrs. T. Mary Alphonse
33. Mr. G. Gurumurthy Mani
34. Mr. G. Viswas Flat Promoters Pvt. Ltd represented by its Managing Director Mr. K.A. Shivago S/o Abraham No.18/22, New Corporation Shopping Complex, 3/9
1st Floor, 3rd Cross Street, R.A. Puram, Chennai - 600 028.
(The 34th defendant is impleaded as per order dated 15.07.2009 in A.No.1936 /09)
35. Mrs. Uma Maheshwari
36. R. Vasanthy
37. Mrs. Maya Karthikeyan
38. M/s. Mahavirs Home
39. Mr. P.B. Krishna Prasad
40. Mr. Suresh Franklin
41. Mr. Benjamin
42. R. Saravanamurthy (The defendants 35 to 42 are impleaded as per order dated 28.09.2010 passed in Application No.4897 of 2009) ...Defendants Prayer: Suit is filed under Order IV Rule 1 read with Order VII Rule 1 of C.P.C. seeking i) declaring that the first plaintiff is the absolute owner of the property more 4/9
fully described in Schedule E hereunder and for consequential permanent injunction, restraining the defendants, their agents, servants and men and everyone claiming under them and acting on their behalf from, any way interfering with the first plaintiff's peaceful possession and enjoyment of property more fully described in the Schedule E hereunder or in any manner what so ever;
b) Declaring that the plaintiff 2 and 3 are the absolute owners of the property more fully described in Schedule D hereunder and for a consequential permanent injunction, restraining the defendants, their agents, servants and men and everyone claiming under them and acting on their behalf from, any way interfering with the second and third plaintiff's peaceful possession and enjoyment of property more fully described in the Schedule D hereunder or in any manner what so ever; c) Directing the defendants to pay the cost of the suit; For Plaintiffs : Ms. R. Ramya For Defendants : Mr. K. Venkatasubbaraju for D1, D5, D9, D15, D18, D19, D28 and D29.
5/9
ORDER
As directed by this Court, the plaintiffs have filed an affidavit stating that they will not be filing a fresh suit against the defendants who have given up i.e., defendants 1, 3, 5 to 12, 14 to 21, 30 to 32, 37 and 39 to 41.
2. Considering the above, a memo seeking liberty to withdraw the suit with liberty to file a fresh suit is taken on file and accordingly the suit is dismissed as withdrawn granting liberty to the plaintiffs to institute a fresh suit only against the defendants 22 and 28. Consequently connected Miscellaneous Petitions are closed.
03.11.2020 Internet : Yes/No Index :Yes/No Speaking / Non-Speaking mrn 6/9
P.T. ASHA. J, mrn OA.Nos.611 of 2007, 698 of 2012 & 3027 of 2011 03.11.2020 7/9
A.No.8829 of 2019 A.Nos.3027 of 2011, 4896 of 2007 & 5007 of 2007 and OA.Nos. 562 of 2011, 698 of 2012 & 611 of 2007 CS.No.425 of 2007 P.T.ASHA, J.
In the order dated 03.11.2020, by an oversight in the penultimate line, it has been stated as defendant 28 instead of defendant 38.
Necessary rectification shall be effected and a fresh Judgment copy shall be issued to the counsel.
22.02.2021 mrn Note: Issue order copy on 8/9
22.02.2021 9/9