National Bank For Agriculture v. Kesavan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2016

CORAM:

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN C.S.No.672 of 2014 & O.A.Nos.910 to 912 of 2014 1 National Bank for Agriculture and Rural Development rep.by its Chief General Manager No.48, Mahatma Gandhi Road Nungambakkam Chennai 34 rep.by its Chief General Manager .. Plaintiff Vs.

1. Kesavan 2.

Parijatham 3.

The Commissioner Corporation of Chennai Rippon building, Chennai 4.

The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai 8 .. Defendants Suit filed under Order VII Rule 1 of Code of Civil Procedure reard with Order IV Rule 1 of Original Side rules (a) for a declaration declaring the construction being put up by the defendants 1st and 2nd in the plaint schedule property is illegal and totally in violation of plan and sanction approved by the 4th defendant in BA No.12/82 and BPA No.4/82 and revised plan sanctioned by the 4th defendant in planning permit No.1788/B/28A/C.86 dated 21/02/1986; (b) for mandatory injunction directing the https://hcservices.ecourts.gov.in/hcservices/

defendants 1 and 2 to remove the illegal construction that has been put up in the suit property (c) for permanent injunction restraining the defendants 1 and 2 from interfering with the peaceful possession and enjoyment of the suit property which formed part of the plan sanctioned by the 4th defendant by plaintiff (d) and to award the cost of the suit.

For Plaintiff .. Mr.V.Rameshvel For defendants .. Mr.R.Nagasundaran for D1 and D2 Mr.Johnson for D4

J U D G M E N T

Learned counsel for the plaintiff made an endorsement indicating that the parties have settled the matter and as such he is withdrawing the Suit. In view of the endorsement so made, the Civil Suit is dismissed as withdrawn.

No costs.

Consequently, all the Applications are closed.

2. The plaintiff is entitled to refund of court fee as per Rules.

sd/.K.K.S.J 16.02.2016 //Certified to be a true copy// Dated this the day of 2016 S.s/20.07.2016 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format. https://hcservices.ecourts.gov.in/hcservices/