Madras High CourtCS/166/2021dismissed as settled out of court

M.Ganesh Kumar v. G.Sathish Das

2023-11-21Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.11.2023

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR C.S.No.166 of 2021 Mr.M.Ganesh Kumar ... Plaintiff Vs

1. Mr.G.Sathish Das

2. Mr.G.Sandeep Das ... Defendants Civil Suit filed under Order IV Rule 1 of the High Court O.S. Rules 1956 read with Order VII Rule 1 of Civil Procedure Code, 1908 for the following decree and judgment :

1] that the plaintiff is the owner of the suit property more fully described in the schedule hereunder and consequently to declare that the settlement deed in favour of the defendants in document number 1624 of 2012 dated 25.04.2012 on the file of SRO, Purasawalkkam, is null and void; 1/5

2] to direct the defendants herein to hand over vacant and peaceful possession of the suit property within the tim frame fixed by this court; 3] Costs of the suit C.S.No.28 of 2022

1. Mr.G.Sathish Dass

2. Mr.G.Santheep Dass ... Plaintiffs Vs

1. Mrs.Shantha Bai

2. Mr.M.Ganesh Kumar ... Defendants Civil Suit filed under Order IV Rule 1 of the High Court O.S. Rules 1956 read with Order VII Rule 1 of Civil Procedure Code, 1908 for the following decree and judgment :

a] To declare that the sale deed dated 22.07.2013 in Document No.3035/13 Registered at Sub Registrar Office Purasawalkam as null and and avoid and not binding on plaintiffs.

b] Permanent Injunction restraining the defendants from interfering with plaintiffs' possession in the suit property. c] to direct the defendants to pay the cost of the suit to the plaintiff. 2/5

For Plaintiffs :Mr.G.Surya Narayanan for plaintiff in C.S.No.166 of 2021 & Defendants in C.S.No.28 of 2022 For defendants :Mr.K.Balaji for defendants in C.C.No.166 of & plaintiffs in C.C.No.28 of 2022 COMMON JUDGMENT The suit in C.S.No.166 of 2021 has been filed for a declaration that that the plaintiff is the owner of the suit property more fully described in the schedule hereunder and consequently to declare that the settlement deed in favour of the defendants in document number 1624 of 2012 dated 25.04.2012 on the file of SRO, Purasawalkkam, is null and void, to direct the defendants herein to hand over vacant and peaceful possession of the suit property within the tim frame fixed by this court and for costs.

2. The suit in C.S.No.28 of 2022 has been filed to declare that the sale deed dated 22.07.2013 in Document No.3035/13 Registered at Sub Registrar Office Purasawalkam as null and avoid and not binding on the 3/5

plaintiffs, for permanent injunction restraining the defendants from interfering with plaintiffs' possession in the suit property and for costs.

3. When the matter is taken up today, the learned counsel for the plaintiff submitted that the matter has been amicably settled between the parties and also filed a memo stating that the dispute between the parties has been settled out of Court. Hence, submitted that the suit may be dismissed as settled out of Court.

4. Accordingly, these suit are dismissed as settled out of Court and the registry is directed to refund the Court Fee as per Law to the respective plaintiffs. No costs.

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N.SATHISH KUMAR, J.

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