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Madras High CourtCS/339/2009withdrawn dismissed

V.Gautham v. N.Venkatesh And 13 Others

2023-06-21Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2023

CORAM

THE HONOURABLE Ms. JUSTICE R.N.MANJULA and O.A. No.369 of 2009 V.Gautham ... Plaintiff Vs.

1. N.Venkatesh

2. V.Aravind

3. N.Kasi Viswanathan

4. N.K.Naresh Kumar

5. N.K.Nivetha

6. N.Ramesh

7. R.Mohanram

8. R.Vivek

9. N.Natarayan

10. M/s.Edison Enterprises Pvt. Ltd., Rep. by its Director J.Rajasekar, No.34, Kakani Towers, Kader Nawaz Khan Road, Nungambakkam, Chennai - 600 006.

11. M/s.Subhasree Realty Pvt. Ltd., Rep. by its Director V.Anbazhagan, No.86, E.V.R.Periyar High Road, Chennai - 600 007.

12. K.Swamiappa Gounder

13. M/s.Fal Industries Ltd., 1/4

Rep. by its Managing Director M.Singh, No.40, Anna Nedunchalai, Perungudi Village, Perungudi, Chennai - 600 091.

14. M/s.Faery Estates Pvt. Ltd., Rep. by its Director Brigadier A.R.Sinha, No.70, Magindas Master Road, Fort, Mumbai - 400 023.

... Defendants Civil Suit is filed under Order IV Rule 1 & 2 C.P.C. of O.S.Rules read with Order VII Rule 1 C.P.C. to pass a judgment and decree against the defendants:

i) for partition and separate possession of 1/9th share of the plaintiff in the suit schedule mentioned properties;

ii) for a permanent injunction restraining the defendants 10, 11, 13 and 14 from alienating, incorporating, altering or developing Item I of suit schedule mentioned property;

iii) directing the defendants to pay the cost. For Plaintiff : Mr.Vigneshwar for Mr.S.R.Rajagopal For Defendants : Mr.M.Balasubramanian for D6 Mr.S.Jaganathan for D8 Mr.S.Natarajan for D7, D11 & D12 Ms.Gomathi for D13 Mr.M.Chandru for D14 2/4

JUDGMENT

When the matter was taken up today, the learned counsel for the plaintiff seeks permission of this Court to withdraw this suit and also made an endorsement to that effect in the bundle.

2. Recording the submission of the learned counsel for the plaintiff and the endorsement made, this Civil Suit is dismissed as withdrawn. No costs. Connected application is closed.

21.06.2023 Index : Yes/No Speaking Order : Yes / No bkn 3/4

R.N.MANJULA, J., bkn 21.06.2023 4/4