S.Murugan v. Karur Vysya Bank Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2024
CORAM
THE HONOURABLE MR. JUSTICE P.B.BALAJI CS. No.937 of 2007 and A.No.6074 of 2023 & OA. No.811 of 2014 S.Murugan ... Plaintiff Vs.
1.M/s.Karur Vysya Bank Limited, Rep. by its DGM, Mr.J.Hariharan.
2.Mr.Paramasivam Pillai 3.M/s.Ashoka Associates, Partnership Firm rep. by its Partner, Mr.V.Manthiram.
4.M/s.Pyramid Saimira Theatre Limited, Having Office at No.672, 2nd Floor, Temple Towers, Anna Salai, Nandanam, Chennai - 600 035.
5.M/s.Lavanya and Co., Proprietorship Firm, rep. by Mr.N.Narayanan.
6.The Hon'ble Receiver, Justice K.Swamidurai.
7.M/s.Aruna Theatres and Enterprises Private Limited., Rep. by its Board of Directors.
8.M/s.Annai Mookambikai Four Mills Private Limited, No:9, Davidson Street, Chennai - 600 001.
9.K.Muthusamy (9th defendant impleaded as per order dated 1/5
04.01.2008 in A. No.7054 of 2007).
10.N.Sankaranarayanan 11.Mrs.N.Arunachalathammal.
(10th & 11th defendants impleaded as per order dated 04.01.2008 in A. No.7061 of 2007)
12. K.Shanmugasundaram 13.S.Ulagammal 14.M.Sharmila 15.K.Muthu Kalyanasundaram 16.S.Vallinayagam 17.M.Indira Muthuvel
18. S.Anandha Saraswathi 19.M.Bagavathi 20.P.Krishnamurthy 21.B.Muthulakshmi 22.M.Sundari 23.R.Vallidevi (12 to 23 defendants impleaded as per order dated 04.01.2008 in A. No.7132 of 2007) 24.K.Muthulakshmi 25.S.Indira 26.V.Bhuvaneswari 27.K.Muthu Selvakumar (24 to 27 defendants impleaded as per order dated 04.01.2008 in A.No.7133 of 2007) 28.S.Ramalingam 29.S.Sankaran 30.S.Narayanan 31.S.Paramasivam 32.S.Selvaraj (28 to 32 defendants impleaded as per order dated 04.01.2008 in A.No.7134 of 2007) 33.N.Gomathinayagam (33rd defendant impleaded as per order dated 04.01.2008 in A.No.7164 of 2007) 34.Smt.P.Muthu Rajeswari (34th defendant impleaded as per order dated 04.01.2008 in A.No.7664 of 2007) 2/5
35.Smt.G.Vasugi (35th defendant impleaded as per order dated 04.01.2008 in A.No.7669 of 2007) 36.Smt.R.Lakshmi (36th defendant impleaded as per order dated 04.01.2008 in A.No.7674 of 2007) 37.K.Murugan 38.K.Muthukrishnan (37 & 38 defendants impleaded as per order dated 03.08.2012 in A.No.8346 of 2012) 39.S.Balasubramanian, (39th defendant impleaded as per order dated 09.02.2023 in A.No.9077 of 2018) ...Defendants PRAYER: The Plaint filed under Order VII Rule 1 of CPC and Rule IV Rule 1 of CPC read with Order IV Rule 1 of High Court Original Side Rules praying to pass a judgment and decree against the defendants: (a) To declare the assignment deed dated 09.10.2007 between 1st and 2nd defendant as null and void.
(b) to declare the assignment deed dated 09.10.2007 between 2nd and 3rd defendant as null and void.
(c) To declare the mortgage deed dated 09.10.2007 between 3rd and 5th defendant as null and void.
(d) To declare the lease deed dated 09.10.2007 between 3rd and 4th defendants as null and void.
(e) For permanent injunction restraining defendants 1 to 4 and 6 to 8 their agents, servants, assigns, successors in interest from in anyway creating any charge, encumbrance, alienate or right on any of the properties both movable and immovable of the plaintiff.
(f) For costs of this suit.
3/5
For Appellant : Mr.R.Rajesh For Defendants : Mr.A.V.Radhakrishnan for D1 M/s.NVS.Assoicates for D2 & D3 Mr.R.Sagadevan for D4 Mrs.G.Pavithra for D5 Mr.K.S.Natarajan for D6 Mr.C.Umashnkar for D7 Mr.S.Thiruvenkadam for D8 Mrs.Pushpa Menon for D9 Mr.A.K.Raghavelu for D10 Mr.A.Krishnaswamy for D11 to D14 Mr.K.S.Viswanathan for D37 & D38
JUDGMENT
The learned counsel for the plaintiff seeks permission of this Court to withdraw this Civil Suit and he has also made an endorsement to that effect.
2. Recording the endorsement made by the learned counsel for the plaintiff, this Civil Suit is dismissed as withdrawn. Consequently, connected Miscellaneous Applications are also dismissed. No costs. 10.06.2024 Index : Yes/No Internet : Yes/No rkp 4/5
P.B.BALAJI, J, rkp CS. No.937 of 2007 and A.No.6074 of 2023 & OA. No.811 of 2014 10.06.2024 5/5