Dr.T.Sivakumar v. Dr.Arunmozhi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 11TH DAY OF MARCH 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.S.No.604 of 2016 Dr.T.Sivakumar, S/o.Late Dr.C.Thirugnanasambandam, I Block, No.8, New No.29, 2nd Main Road, First Floor, Anna Nagar East, Chennai- 600 102 ... Plaintiff -Versus1.Dr.Arunmozhi, W/o.Dr.Ravikumar, I Block, No.8, New No.29, 2nd Main Road, Ground Floor, Anna Nagar East, Chennai- 600 102 2.T.Bhuvaneswari, W/o.Late Dr.C.Thirugnanasambandam, I Block, No.8, New No.29, 2nd Main Road, Ground Floor, Anna Nagar East, Chennai- 600 102 ... Defendants Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree in favour of the plaintiff and against the defendants: a)For partition of the suit-A schedule property into three equal

shares and threby allot one share (1/3rd) to the plaintiff with separate possession;

b)For permanent injunction restraining the 1st defendant, her men, agents or any other person claiming right through her from and in any manner dispossessing the plaintff from the suit B-Schedule property; c)For permanent injunction restraining the 1st defendant, her agent or any other person claiming right through her from and in any manner creating any kind of document of encumbrance or alienation or settlement in respect of the sut A-schedule property; d)Declare that the Settlement Dead, dated 28.06.2010 vide Doc.No.2247/10 Registered with S.R.O.Anna Nagar as Null and Void and legally unenforceable.

This Suit coming on this day before this court for hearing in the presence of Mr.T.S.Baskaran, Advocate for the plaintiff herein and Mrs.D.Sridevi, Advocate for the 1st defendant herein and Mrs.Hema Sampath, Senior Advocate for Mrs.R.Meenal, Advocates for the 2nd defendant herein, and upon reaidng the plaint filed herein and the memo dated 07.03.2022, and the learned counsel for the plaintiff herein has sought permission of this court to withdraw the suit in C.S.No.604 of 2016 and filed a memo to that effect,

it is ordered as follows:- That the suit in C.S.No.604 of 2016 do stand dismissed as withdrawn.

2. That there shall be no costs of this suit. WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 11th DAY OF MARCH 2022.

Sd./- ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

DL 28.03.2022 C.S.No.604 of 2016 ORDER:

DATED: 11.03.2022 THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN FOR APPROVAL:08.04.2022 APPROVED ON:08.04.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2022

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN C.S.No.604 of 2016 Dr. T. Sivakumar ...Plaintiff .Vs.

1.Dr. Arunmozhi,

2. T. Bhuvaneswari ...

Defendants Prayer:

Plaint filed under Order VII Rule 1 of the CPC, 1908 read with Order IV Rule 1 of the Original Side praying for a judgment and decree as follows:- a) For partition of the suit A-Schedule property into three equal shares and thereby allot one share 1/3rd to the plaintiff with separate possession;

b) For permanent injunction restraining the 1st defendant, her men, agents or any other person claiming right through her from and in any manner dispossessing the plaintiff from the suit B-Schedule property;

c)For permanent injunction restraining the 1st defendant, her agent or any other person claiming right through her from and in any manner creating any kind of document of encumbrance or alienation or settlement in respect of the suit A-Schedule property; d) To declare that the Settlement Deed dated 28.06.2010 vide Document No.2247 / 2010 registered with SRO, Anna Nagar, as null and void and legally enforceable.

For Plaintiff : Mr. T.S. Baskaran For Defendant-1 : Mrs. D. Sridevi For Defendant-2 : Mrs. Hema Sampath (Senior Advocate) For Mrs.R. Meenal ********

J U D G M E N T

When the matter came up today for hearing, the learned counsel for the plaintiff has sought permission of this Court to withdraw the suit in C.S.No.604 of 2016 and filed a memo to that effect.

2. In view of the submission of the learned counsel for the plaintiff for withdrawal of the said suit and the memo filed to that effect, the Civil Suit in C.S. No.604 of 2016 stands dismissed as withdrawn. No Costs. Sd./-V.B.S.J.

11.03.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.