Anuratha v. M/S.Maliban Estates

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08. 1 2 . 2 0 1 7

CORAM

THE HONOURABLE MR. JUSTICE C. V . K A R T H I K E Y A N C. S . N o . 12 1 of 20 1 7 An d O. A . N o s . 17 1 & 17 2 of 20 1 7 1.

Mrs. Anuratha 2.

Mrs.Meera Bai ... Plaintiffs V s.

1.

M/s. Maliban Estates Rep. by its Partners 1.

Mr.M.S.N.Sulaiman 2.

Mr.K.Shaik Abdul Khader 3.

Mr.S.Muhammed Abdullah 4.

Mr.S.Yaser Arafath 2.

Mr.M.S.N. Sulaiman 3.

Mr.K.Shaik Abdul Khader 4.

Mr.S.Muhammed Abdullah 5.

Mr.S.Yaser Arafath ... Defendants P R A Y E R : This Civil Suit filed under Order IV Rule 1 O.S. Rules read with Order VII Rule 1 CPC, praying for the following reliefs:

(a) for cancellation of sale deed dated 10.02.2016 executed by the plaintiffs in favour of the defendants bearing Document No. 529 of 2016 on the file of SRO, Kodambakkam on payment of Rs.1,45,00,000/- by plaintiff to the defendants; or in the alternative directing the defendants to pay a sum of Rs.1,59,30,000/- with future interest at 18% p.a., on Rs.1,35,00,000/- from the date of the plaint to the plaintiffs till the date of realisation.

(b) for permanent injunction restraining the defendants, their men, agents or any body claiming through, and or on behalf of the defendants from in any way dealing with the suit property either by sale, mortgage, lease, etc., or in any other manner;

(c) for permanent injunction restraining the defendants, their men, agents or anybody claiming through, and or on behalf of the defendants from in any way interfering with the first plaintiff's peaceful possession and enjoyment of the Southern side Ground Floor portion of the suit schedule property either by disturbing her unlawfully or in any other manner; and (d) pay the costs.

*** For Plaintiffs : Mr. Tvl. K.V. Sundararajan For Defendants : M/s. Sarvabhauman Associates

J U D G M E N T

The learned counsel for the plaintiffs has made the following endorsement in the plaint:- "Since the dispute has been settled out of Court. The plaintiff may be permitted to withdraw the above suit as settled out of Court. The entire Court fees may be refunded in the name of Mrs. M e e ra Bai (the 2nd plaintiff)." 2 .

In view of the fact that the suit had been settled out of Court, the suit is dismissed as settled out of Court. Consequently, connected Applications are also dismissed.

3 .

Office is directed to refund the entire Court fee in accordance with law in the name of the second plaintiff, namely, Mrs.Meera Bai. No costs. 08.12.2017 vsg

Index: Yes/No Internet: Yes/No.

C. V . K A R T H I K E Y A N , J.

vs g C. S . N o . 12 1 of 20 1 7 An d O. A . N o s . 17 1 & 17 2 of 20 1 7

08. 1 2 . 2 0 1 7