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Madras High CourtCS/162/2020dismissed as withdrawal

V.N.Devadoss v. J.Ravikumar

2021-12-02Honourable Mr Justice Abdul Quddhose7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 02ND DAY OF DECEMBER 2021 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.S.No. 162 of 2020

1. Mr. V.N. DEVADOSS, S/o. Mr. P.V. Narasimhan, No.23, Chellammal Street, Shenoy Nagar, Chennai - 600 030.

2. Mr. N. BASKAR, No. 12, Kanniamman Koil Street, Shenoy Nagar, Chennai - 600 030.

3. Mr. B. BASKARAN, No.10, 2nd Floor, Kanniamman Koil Street, Shenoy Nagar, Chennai - 600 030.

4. Mrs. D. PADMA, No.23, Chellammal Street, Shenoy Nagar, Chennai - 600 030.

... Plaintiffs -VsMr. J. RAVIKUMAR, S/o. Jayaraman, 972, 45th Block, Sathiyamoorthy Nagar, Vyasarpadi, Chennai - 600 039.

... Defendant

Civil Suit praying that this Hon'ble Court be pleased to pass a judgement and Decree;

(a) Granting an order of permanent injunction restraining the defendant or his men or any person or persons claiming through him from making any vexatious / frivolous / false allegation/s against them either by words in person or by writing slanderous and malicious statements by way of Letters of such means like publication or in website or in any form in electronic media, thereby threatening the plaintiffs; (b) Directing the defendant to pay a sum of Rs.1,10,00,000/- (Rupees one crore and ten lakhs only) to the plaintiffs towards the mental agony, ordeal and sufferings inflicted by defendant on account of the letter dated 28.08.2019, notice with covering letter dated 23.09.2019 and the re-joinder dated 03.01.2020 by various derogatory / malicious statements and also causing the mental agony and hardship suffered by plaintiffs and their families in the hands of the defendant;

c) To direct the defendant to pay the entire cost of the suit. This Civil Suit coming on this day before this court for hearing in the presence of Mr.R.Imayavaramban for M/s. Ramalingam Associates, Advocates for the Plaintiffs herein, and Mr. V. Chandra Pabhu, Advocate for the defendant herein and upon reading the plaint and the memo dated 02.12.2021 filed herein and morefully setout in the schedule hereunder and

the learned counsel for the plaintiffs having made an endorsement on the Plaint stating that "Plaintiffs withdraws the suit and also withdraws all the allegations raised against the defendants in the O.S.A.No. 216 of 2021" and this Court doth recording the memo and the endorsement. It is ordered as follows:- That the suit in C.S.No. 162 of 2020 be and is hereby dismissed as withdrawn.

2. That there shall be no costs of this Suit. MEMO

ED 08.12.2021 C.S.No. 162 of 2020 ORDER :- DATED : 02.12.2021 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE FOR APPROVAL: 19/01/2022 APPROVED ON: 20/01/2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2021

CORAM

THE HONOURABLE Mr.JUSTICE ABDUL QUDDHOSE C.S.No.162 of 2020

1. V.N.Devadoss

2. N.Baskar

3. B.Baskaran

4. D.Padma ... Plaintiffs Vs J.Ravikumar ...Defendant Plaint under Order VII Rule 1 of C.P.C read with Order IV, Rule 1 of Original Side Rules praying to pass a judgment and decree against the defendant and in favour of the plaintiffs.

(a) Granting an order of permanent injunction restraining the defendant or his men or any person or persons claiming through him from making any vexatious / frivolous / false allegation/s against them either by words in person or by writing slanderous and malicious statements by way of Letters of such means like publication or in website or in any form in electronic media, thereby threatening the plaintiffs;

(b) Directing the defendant to pay a sum of Rs.1,10,00,000/- (Rupees one crore and ten lakhs only) to the plaintiffs towards the mental agony, ordeal and sufferings inflicted by defendant on account of the letter dated 28.08.2019, notice with covering letter dated 23.09.2019 and the re-joinder

dated 03.01.2020 by various derogatory / malicious statements and also causing the mental agony and hardship suffered by plaintiffs and their families in the hands of the defendant;

c) To direct the defendant to pay the entire cost of the suit. For Plaintiffs : Mr.R.Imayavaramban for M/s.Ramalingam Associates For Defendant : Mr.V.Chandra Prabhu

JUDGMENT

A memo dated 02.12.2021 has been filed by the plaintiffs seeking permission of this Court to withdraw the suit as not pressed. In the Memo, the plaintiffs have categorically stated that they have decided to settle the issues amicably with the defendant and therefore, they have decided to withdraw the suit as not pressed.

2. An endorsement has also been made by the learned counsel for the plaintiffs stating that he is withdrawing this suit and any benefits accrued to the plaintiffs in the order dated 01.12.2021 passed by the Division Bench of this Court in O.S.A.No.216 of 2021, if any, may also be withdrawn. The said endorsement made by the learned counsel for the plaintiffs is recorded by this Court.

3. After recording the Memo dated 02.12.2021 as well as the endorsement made by the learned counsel for the plaintiffs, this suit is dismissed as withdrawn. No costs.

Sd./- A.Q.J., 02.12.2021 //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.