K.Rama Rao v. Southern India Vysya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:12.06.2015 CORAM :

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU C.S. NO. 547 OF 2011 and A.No. 1070 of 2014 1 K.RAMA RAO S/O.ZAMINDAR K.APPA RAO APPA RAO GARDENS NO.226 SYDENHAMS ROAD CHOOLAI CHENNAI-112.

2 K.LAKSHMAN RAO S/O.ZAMINDAR K.APPA RAO APPA RAO GARDENS NO.226 SYDENHAMS ROAD CHOOLAI CHENNAI-112.

3 KARUR VASUDEVAN S/O.K.RAMAKRISHNA CHETTY NO.154 ANNA PILLAI STREET CHENNAI-1.

... Plaintiffs .. Vs ..

1 SOUTHERN INDIA VYSYA ASSOCIATION REP. BY ITS JOINT SECY MR.G.P.V.SUBBA RAO NO.63 GODOWN STREET CHENNAI-1.

2 M.V.NARAYANA GUPTA S/O.MEDDA VENKATASUBBIAH PRESIDENT SOUTHERN INDIA VYSYA ASSOCIATION NO.63 GODOWN STREET CHENNAI-1.

3 G.CHANDRA SEKAR S/O.G.VENKATESWARLU JOINT SECRETARY SOUTHERN INDIA VYSYA ASSOCIATION NO.63 GODOWN STREET CHENNAI-1.

4 G.P.V.SUBBA RAO S/O.G.P.CHETTY JOINT SECRETARY SOUTHERN INDIA VYSYA ASSOCIATION NO.63 GODOWN STREET CHENNAI-1.

Defendants The Civil suit filed under Order IV Rule 1 of O.S. Rules r/w. Order VII Rule 1 of C.P.C., to declare the action of the second defendant in issuing the letter dated 04.08.2011 filed as Document Nos. 5 to 7 with the plaint suspending the plaintiffs as members of the first defendant Association as ultra vires to the Rules and Regulation of the first defendant association and null and void and unenforceble in law; for a permanent injunction restraining the defendants, their men, agents, servants, person or persons acting through or under them for and on behalf of the defendants, from, in any manner, whatsoever, giving effect to the letter dated 04.08.

elected office bearers of the Association till the next General Body Election of the first defendant Association is held and pass further orders.

For Plaintiffs :

Mr. S.R. Rajagopal For Defendants : M/s. P.C. Hari Kumar

J U D G M E N T

Mr. S.R. Rajagopal, learned counsel appearing for the plaintiffs seek permission of this Court to withdraw the suit in the light of the letter of the first defendant Association dated 10.09.2014. He has also made an endorsement to that effect stating that the matter has been settled between the parties and hence the suit may be dismissed as withdrawn.

2. As the matter has been settled between the parties out of court, the suit and the connected Applications are dismissed as withdrawn. The Registry is directed to refund the permissible Court fee to the plaintiff.

3. Accordingly, the Civil Suit is dismissed as withdrawn. Consequently, the connected Applications are also closed. No costs. avr 12.06.2015

K.RAVICHANDRABAABU. J., avr C.S. NO. 547 OF 2011 and A.No. 1070 of 2014 12.06.2015