Madras High CourtCS/774/2009dismissed as settled out of court

P.Rajagopal v. Ms.R.Lakshmi

2020-12-16Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 THE HON'BLE MS. JUSTICE P.T.ASHA C.S. No.774 of 2009

1. P.Rajagopal, No.18, Ramalingam Nagar 1st Street, Natesan Nagar, Virugambakkam, Chennai-92.

2. P.Maharajan, No.379/4, Natesan Nagar 1st Main Road, Virugambakkam, Chennai-92.

... Plaintiffs -Versus1. Ms.R.Lakshmi, No.30/113, Abiramapuram IV Street, Chennai-600 018.

2. Ms.R.Srividya, No.30/113, Abiramapuram IV Street, Chennai-600 018.

... Defendants Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree against the 1st and 2nd defendants:-

a) for a declaration to declare that the plaintiffs are the owners in Title of the House and Property bearing Old Door No.7, Present Door No.30/113, Abiramapuram 4th Street, Mylapore, Chennai-600 018, comprised in R.S. No.3636/41, morefully described in the suit schedule; b) and consequently to direct the 1st and 2nd defendants herein to vacate and deliver vacant possession of the house and property bearing Old Door No.7, Present Door No.30/113, Abiramapuram 4th Street, Mylapore, Chennai-600 018, comprised in R.S. No.3636/41, morefully described in the suit schedule, to the 1st and 2nd plaintiffs; c) to direct the 1st and 2nd defendants to pay the costs of this suit. This Suit coming on this day before this court for hearing in the presence of Mr.K.Vaidyanathan for Mr.C.Shankar, advocates for the plaintiffs herein and for the defendants herein having not appeared in person or by advocate and upon reading the plaint and memo dated 15.12.2020 filed herein, it is ordered as follows:-

That the suit in C.S. No.774 of 2009 be and is hereby dismissed as settled out of court.

2. That there shall be no costs of this suit. WITNESS THE HON'BLE THIRU AMRESHWAR PRATAP SAHI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 16th DAY OF DECEMBER 2020.

Sd/- ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

KLY-03/02/2021 C.S. No.774 of 2009 ORDER:- DATED: 16.12.2020 THE HON'BLE MS. JUSTICE P.T.ASHA FOR APPROVAL:25.05.2022 APPROVED ON : 25.05.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2020

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA C.S.No.774 of 2009 1.P.Rajagopal 2.P.Maharajan ... Plaintiffs Vs.

1.Ms.R.Lakshmi 2.Ms.R.Srividya ... Defendants Prayer: This Suit has been filed under Order IV Rule 1 of Original Side Rules and Order VII Rule 1 of CPC.

For Plaintiffs : Mr.K.Vaidyanathan for Mr.C.Shankar For Defendants : No Appearance

O R D E R

The memo has been filed by the plaintiffs dated 15.12.2020, wherein,

it is stated that the suit was filed for declaration and recovery of possession and pending the suit, the defendants handed over the vacant possession of the property to the plaintiffs and the matter is settled out of Court and hence, they would have seek the Court to dismiss the suit as settled out of Court.

2. The memo filed is taken on file and the suit is dismissed as settled out of Court. No costs.

Sd./-P.T.A.J.

16/12/2020 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.