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Madras High CourtCS/508/2013dismissed for not pressed

Mr.W.Nandakumar v. Mr.P.Satishkumar

2022-03-15Honourable Mrs Justice V.Bhavani Subbaroyan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 15TH DAY OF MARCH 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN CS.508 of 2013 1.Mr.W.Nandakumar, S/o.W.Dorairajulu Chetty 2.Mr.Aneesh Kumar, S/o.W.Nandhakumar Both are residing at Old No.12, New No.22, Coats Road, T.Nagar, Chennai- 600 017 ...Plaintiffs vs 1.Mr.P.Sathishkumar S/o.P.Balakrishna 2.Mrs.S.Vijikumari W/o.Mr.P.Sathishkumar Both are residing at Old No.13, New No.23, Coats Road, T.Nagar, Chennai - 600 017 ....Defendants Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree against the defendants and in favour of the plaintiffs: a)For the relief of permanent injunction restraining the defendants from in any manner making scandalous remarks against the plaintiffs in future.

b)for the relief of payment of Rs.1,00,00,000/- towards damages suffered on account of the loss to reputation and mental agony of the plaintiffs due to the defamatory remarks made by the defendants in the notice dated 22/04/2013.

c)for the cost of the suit.

This suit coming on this day before this Court for hearing in the presence of Mr.K.V.Babu, Advocate for the plaintiffs herein and the defendants herein having not appeared in person or by advocate and upon reading the plaint filed herein and the memo dated 12.03.2022 having been filed bythe learned cousel for the plaintiffs herein, and the learned counsel for the plaintiffs herein having stated that the suit has been amicably settled between the parties, It is ordered as follows :- That the suit in C.S.No.508 of 2013 be and is hereby dismissed as not pressed.

2. That a certificate under section 69 of Tamil Nadu Court Fees and Suits Valuation Act,1955 (Amendment Act) do issue herein, out of and under the seal of this Court in favour of (1)W.Nandakumar and (2)Aneesh Kumar, the plaintiffs herein, authorising them to receive from the Pay and

Accounts Office, High Court, Chennai, for a sum of Rs.1,03,600/-(Rupees One Lakh Three Thousand and Six Hundred only) being the entire court fee paid on the plaint by the plaintiffs herein.

3. That there shall be no order as to costs of this suit. WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 15TH DAY OF MARCH 2022.

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.

DL 01.04.2022 C.S.No.508 of 2013

ORDER

DATED : 15.03.2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN FOR APPROVAL: 04.04.2022 APPROVED ON : 06.04.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2022

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN C.S.No.508 of 2013 1.Mr.W.Nandakumar 2.Mr.Aneesh Kumar ... Plaintiffs Vs.

1.Mr.P.Satishkumar 2.Mrs.S.Vijikumari ... Defendants Prayer:

Plaint filed under Order IV Rule 1 of O.S.Rules Read with Order VII Rule 1 of the C.P.C., to pass a judgment and decree against the defendants and in favour of the plaintiffs: (a) for the relief of permanent injunction restraining the defendants from in any manner making scandalous remarks against the plaintiffs in future; (b) for the relief of payment of Rs.1,00,00,000/- towards damages suffered on account of the loss to reputation and mental agony of the plaintiffs due to the defamatory remarks made by the defendants in the notice dated 22.04.2013; (c) for the cost of the suit; and (d) for any other relief or reliefs as this Court may deem fit and proper in the circumstances of the case and thus render justice.

For Plaintiff : Mr.K.V.Babu For Defendants : Served - names printed - No appearance

J U D G M E N T

Learned counsel for the plaintiffs has filed a memo dated 12.03.2022 wherein it has been stated that the suit has been amicably settled between the parties and the plaintiffs seek permission of this Court to withdraw the present suit as "not pressed" and also the plaintiffs requested the Court to direct the Registry to refund the Court Fee of Rs.1,03,600/-. 2.Registry is directed to refund the Court Fee of Rs.1,03,600/- in the name of plaintiffs.

3.In view of the above, this suit is dismissed as not pressed. There shall be no order as to costs.

Sd./-V.B.S.J.

15.03.2022 List of documents marked on the side of the plaintiffs Nil

List of witnesses examined on the side of the plaintiffs Nil List of documents marked on the side of the defendants Nil List of witnesses examined on the side of the defendants Nil Sd./-V.B.S.J.

15.03.2022 //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.