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Madras High CourtA/1321/2021withdrawn dismissed

Mr.B.Rameshchand v. Mr.B.Rakesh Bohara And 7 Others

2021-07-05Honourable Mr Justice V. Parthiban5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 05th DAY OF JULY 2021 THE HON'BLE MR. JUSTICE V.PARTHIBAN A.No.1321 of 2021 in C.S.No.6 of 2020 Mr.B.Rakesh Bohara S/o.Late Shri Bhawarlal Residing at Villa 10/18, Street 22b, Al Safa 1, Jumeira, Dubai, U.A.E.

... Plaintiff -Versus1. B.Rameshchand S/o.Late Shri Bhawarla Old No.23, New No.45, Chengalvarayan Street, Triplicane, Chennai-600 005.

2. Mrs.R.Usha W/o.Mr.B.Rameshchand Old No.23, New No.45, Chengalvarayan Street, Triplicane, Chennai 600 005.

3. Mr.B.Vijayraj S/o.Late Shri Bhawarlal New Colony, Chromepet, Chennai 600044.

4. V.Saroja W/o.Mr.B.Vijayraj New Colony, Chromepet, Chennai -600044.

5. Mrs.Kantha Laxman Sancheti 25, Koladi Road, Devi Nagar, Thiruverkadu, Chennai-600 077.

6. Mrs.Prabha Mammal Jain 7B, IInd Block, 123, Bricklin Road, Purasawalkam, Chennai 600 007.

7. Pradeep Stainless India Pvt.Ltd.

Having its registered and administrative office at C-3, Phase-II, 3rd Main Road, MEPZ-Special Economic Zone, Tambaram, Chennai 600 045.

(*) 8. Gajrabai Bhawarlal Bohara Wife of Late Bhawarlal Bohara Residing at No.51, 1st Main Road, New Colony, Chrompet, Chennai 600 044.

(8 th Defendants impleaded as per order dated 19/08/2020 in A.No.1694/2020) ... Defendants

A.No.1321 of 2021:

1. B.Rameshchand S/o.Late Shri Bhawarlal No.23/45, Chengalvarayan Street, Triplicane, Chennai-600 005.

...Applicants/Defendant 1 -Versus1.Mr.B.Rakesh Bohara S/o.Late Shri Bhawarlal Residing at Villa 10/18, Street 22b, Al Safa 1, Jumeira, Dubai, U.A.E.

... Respondent 2/Plaintiff

2. Mrs.R.Usha W/o.Mr.B.Rameshchand Old No.23, New No.45, Chengalvarayan Street, Triplicane, Chennai 600 005.

...Respondent 2/ Defendant 2

3. Mr.B.Vijayraj S/o.Late Shri Bhawarlal New Colony, Chromepet, Chennai 600044.

...Respondent 3/Defendant 3

4. Mrs.V.Saroja W/o.Mr.B.Vijayraj New Colony, Chromepet, Chennai -600044.

...Respondent 4/4

th Defendant

5. Mrs.Kantha Laxman Sancheti 25, Koladi Road, Devi Nagar, Thiruverkadu, Chennai-600 077.

....Respondent 5/ Defendant 5

6. Mrs.Prabha Mammal Jain 7B, IInd Block, 123, Bricklin Road, Purasawalkam, Chennai 600 007.

....Respondent 6 / Defendant 6

7. Pradeep Stainless India Pvt.Ltd.

Having its registered and administrative office at C-3, Phase-II, 3rd Main Road, MEPZ-Special Economic Zone, Tambaram, Chennai 600 045.

....Respondent 7 / Defendant 7

8. Gajrabai Bhawarlal Bohara Wife of Late Bhawarlal Bohara Residing at No.51, 1st Main Road, New Colony, Chrompet, Chennai 600 044.

....Respondent8 / Defendant 8 Application praying that this Hon'ble Court be pleased to direct "That the following portions of the plaint in para No.7 as extracted below, ".. In fact, it is also pertinent to note that, in mediation proceedings conducted under the order of this Hon'ble Court, with a view to facilitate amicable resolution of disputes between the three brothers, i.e. Defendant No.1, Defendant No.3 and the plaintiff, the proposals advanced on both sides were premised upon the 1/3 share of each of the three brothers as explained above."

be struck off from the Plaint."

This Application coming on this day before this court for hearing the court made the following order:

Today, when the matter is taken up for hearing, the learned counsel for the applicant would submit that he is withdrawing this application with liberty to the applicant to raise his objections at appropriate time. 2.In view of the above submission of the learned counsel, this application is dismissed as withdrawn with liberty granted to the applicant to raise the objections at the appropriate time when the suit is taken up for trial, if he is so advised. 3.Post the suit on 19.07.2021, for filing written statement. Sd./-V.P.N.J 05.07.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.