Sp.Valliappan (Deceased) v. (Defendants 1, 2 And 3
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.04.2025 CORAM :
THE HON`BLE MR.JUSTICE K.KUMARESH BABU C.S.No.134 of 2024 & A. Nos.2923 to 2926 & 4412 of 2024 1.SP.Valliappan (deceased) 2.V.Ananthi 3.Subramanian Valliappan 4.Kamalam ... Plaintiffs (defendants 1, 2 & 3 transposed as plaintiffs 2, 3 and 4 as the legal heirs of deceased plaintiff as per order dated 09.04.2025 in A.No.1901 of 2025) vs.
4.The Branch Manager, Punjab National Bank, 48/3, First Floor, North Usman Road, T.Nagar, Chennai - 600 017.
5.M/s.Bedreamz Global Solutions Pvt. Ltd., Represented by its Managing Director R.Ravikumar, 48/3, First Floor, North Usman Road, T.Nagar, Chennai - 600 017.
6.The Branch Manager, State Bank of India, No.27/1, North Usman Road, T.Nagar, Chennai - 600 020.
7.P.Saravanan 8.The Branch Manager, 1/6
Bank of Baroda, No.152/1, Santhome High Road, Raja Annamalaipuram, Chennai - 600 028.
9.Tharun Shyam 10.V.S.Harinish (Minor) S/o.S.Subramanian Valliappan, Represented by his father and natural guardian S.Subramanian Valliappan, No.3A. Selvam Nagar, Medical College Road, Thanjavur - 613 001.
(defendants 1, 2 and 3 transposed as plaintiffs 2, 3 and 4 as per order dated 09.04.2025 in a.No.1901 of 2025) Prayer : Civil Suit filed under Order VII Rule 1 of Original Side Rules read with Order IV Rule 1 of CPC to pass a judgment and decree as against the defendants jointly and severally for the following reliefs:- a) Declaring that the plaintiff is the absolute owner of Items-1 to 6 of the suit schedule properties;
b) Permanent injunction restraining the defendants 1 to 3 and their men and agents or any person claiming under them from claiming any right in the suit schedule properties or claiming rents from the defendants 4 to 9 in respect of Item- 1 to 4of suit schedule properties or creating any encumbrance whatsoever in respect of the suit schedule properties;
c) Permanent injunction restraining the defendants 1 to 3 and their men and agents or any person claiming under them from entering into the suit schedule properties or disturbing the peaceful possession of the plaintiff in the running business viz.,Lakshmi 2/6
Holiday Inn and bungalow in Kotagiri in Item 5 to 7 of the suit scheduled properties or disturbing peaceful possession and enjoyment of the plaintiff in the Item 1 to 9 of suit schedule properties or making any claim over income therefrom; d) Mandatory injunction directing the defendants 4 and 5 to pay the monthly rents in respect of the Item 1 of the suit schedule property to the plaintiffs;
e) Mandatory injunction directing the 6th defendant to pay the monthly rents in respect of the Item-2 of the suit schedule property to the plaintiff;
f) Mandatory injunction directing the 7th defendant to pay the monthly rents in respect of the basement floor of Item-3 of the suit schedule property to the plaintiff;
g) Mandatory injunction directing the defendants 8 and 9 to pay the monthly rents in respect of the Item 4 of the suit schedule property to the plaintiff;
h) Declaring the settlement deed registered as Doc No.598 of 2017 dated 16.02.2017 on the file of Sub Registrar of Thanjavur, with respect to Items 7 & 8 of the suit properties as sham and unenforceable and obtained by way of coercion; 3/6
i) Declaring the settlement deed registered in Doc.No.6335 of 2010 dated 28.10.2010 on the file of Sub Registrar of Thanjavur, with respect to Item-9 of the suit property as sham and unenforceable and obtained by way of coercion;
j) To pay costs of this Suit; and c) To pass such further other order For Plaintiffs : P1 - Deceased Mr.K.V.Sanjeev Kumar for P2, 3 & 4 No appearance for 4 to 9 defendants Mr.K.V.Sanjeev Kumar for D10
J U D G M E N T
Today, when the matter is taken up for hearing, a Memo had been filed before this Court indicating that the parties have settled the dispute among themselves and hence, the plaintiffs seek to withdraw the suit.
2. In view of the Memo, the suit is dismissed as withdrawn as being settled out of Court. Registry is directed to refund the Court fee to the plaintiff applicable as per the Rules. However, there shall be no order as to costs. Consequently, connected miscellaneous applications are also closed. 4/6
17.04.2025 Index : Yes / No Internet :Yes / No Gba 5/6
K.KUMARESH BABU.J., Gba C.S.No.134 of 2024 & A. Nos.2923 to 2926 & 4412 of 2024 17.04.2025 6/6