Mr. A. Krithivasan v. Mr A. Narayanan( Since Deceased)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 12.12.2019

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR 1.Mr.A.Krithivasan 2.Mr.A.Kalyanaraman 3.Mr.M.R.Chandrasekaran 4.Mrs.Uma Maheswari (deceased) 5.Mr.M.R.Ramachandran 6.Raghuram Varadarajan 7.K.Radhika (Plaintiffs 6 and 7 are brought on record as LR's of deceased 4th plaintiff as per order dated 18.02.2019 in A.No.1252/2019) .. Plaintiffs Vs.

1.Mr.A.Narayanan (deceased) 2.Mr.A.Krishnan (deceased) 3.Mr.A.Srinivasan 4.Mrs.A.Padmavathi 5.Mr.M.R.Jayaraman 6.Mrs.Meenakshi Nagarajan 7.Mr.N.Rajagopalan 8.Mrs.N.Durga Lakshmi 9.Mrs.Lalitha Sankaran 10.Mrs.N.Rukmini 11.Mr.N.Suresh 12.Mr.N.Rama 13.Mrs.V.Subhashini (Defendants 10 to 13 are brought on record 1/4

as LR's of the deceased 1st defendant as per Order dated 18.02.2019 in A.No.1255/2019 14.Mrs.K.Radhika Baburaj 15.Mrs.K.Sujatha Srinivasan 16.Mrs.K.Jaya Sri (Defendants 14 to 16 are brought on record as LR's of the deceased 2nd defendant as per Order dated 18.02.2019 in A.No.1256/2019) .. Defendants This Civil Suit is preferred, under Order VII Rule 1 of the Code of Civil Procedure and Order IV Rule 1 of O.S.Rules, praying (i) for grant of a preliminary decree dividing the Schedule property into 7 shares and allot one share each in the schedule property to the first and second plaintiffs;

(ii) for grant of a preliminary decree dividing the property into 7 shares and allot one share jointly to plaintiffs 3 to 5 and 5th defendant; (iii) for permanent injunction restraining the first defendant from alienating, encumbering or in any manner dealing with the property mentioned in the schedule hereinunder;

(iv) for costs of this suit; and (v) for such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thereby render justice. For Plaintiffs : Mr.D.Rajesh For Defendants : Mr.E.Senthilkumar for D3 to D11 & D14 to D16 2/4

JUDGMENT

Mr.D.Rajesh, learned counsel on record for plaintiffs submits that this matter has been settled and he has instructions from the plaintiffs to withdraw the suit. Saying so, learned counsel has made an endorsement in the case file, which reads as follows:

'Counsel for plaintiff (D.Rajesh) withdrawn the suit. (sd/-) Counsel for petitioner 12.12.2019'.

2. Aforesaid endorsement is reiterated by learned counsel for plaintiffs.

3. In the light of the endorsement and reiteration of the same, this suit is dismissed as withdrawn. There shall be no order as to costs. 12.12.2019 Speaking/Non-Speaking order Index : Yes/No Internet: Yes/No vsm 3/4

M.SUNDAR, J.

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