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Madras High CourtCS/971/2016withdrawn dismissed

S.V.Ramachandran v. W.S.Sarojini Ammal

2021-08-04Honourable Mr Justice N. Seshasayee7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 4TH DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE N.SESHASAYEE C.S. No.971 of 2016 S.V.Ramachandran, S/o.S.VelaudhyaPerumalNadar, No.4, West Mada Church Street, Royapuram, Chennai - 600 013.

... Plaintiff

Versus

1. Tmt.W.S.SarojiniAmmal, D/o.W.S.SivagnanaGramani, No.191/28, Gandhi Road, West Tambaram, Chennai-45.

2. Tr.Prasanth, S/o.V.Srinivasan, 10M/2, New No.4, SeshachalaGramani Street, Sathankadu, Kaladipet, Chennai - 600 019.

3. Tr.Chandran, Son of W.S.Sivakolundu, No.34-B, KalliammanKoil Street, Virugambakkam,Chennai-92.

4. Tr.W.S.Suresh, S/o. Late.Sivasankaran, No.18, Irusappa Street, Triplicane, Chennai-600 005.

... Defendants Civil suit praying that this Hon'ble Court be pleased to (a) Pass a Judgment and Decree directing the defendants to pay Rs.1,30,00,000/-

(Rupees One Crore Thirty Lakhs Only) jointly and severally to the Plaintiff as damages together with interest @ 18% Per annum on Rs.1,30,00,000/- from the date of filling of suit till the date of realization. (b) Direct the Defendants to pay costs of this suit. This suit coming on this day before this court for hearing in the presence of Mr.P.Prem kumar, Advocate for the plaintiff herein and Mrs.

Vasudha Thiagarajan, Advocate for the 3rd defendant herein, and upon reading the plaint filed herein and the learned counsel for the plaintiff and the 3rd defendant made a joint statement that the matter has been amicably settled between the parties and the counsel for the plaintiff seeking that the leave of the court to withdraw the suit, and this court doth recording the same, and the learned counsel for the plaintiff further stating that the plaintiff is now 85 years old and during these Covid-19 times it is riskier for his client to venture out just to collect a court fee on behalf of the plaintiff, it is ordered as follows:- That the suit in C.S.No.971 of 2016, be and is hereby dismissed as settled out of court.

2) That a certificate under section 69 of Tamil Nadu Court Fees and Suits valuation Act, 1955, do issue herein, out of and under the seal of this court, in favour of Mr.P.Prem Kumar, the counsel for plaintiff herein, be and is hereby permitted to collect the court fee on behalf of the plaintiff

herein, to receive from the pay and Accounts Office, High court, Madras, a sum of Rs.1,33,525/-(Rupees One Lakh Thirty Three Thousands Five Hundred Twenty Five Only) being the entire court fee paid on the plaint by the plaintiff herein.

3) That there shall be no costs of this suit. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 4TH DAY OF AUGUST 2021.

Sd./- ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments.

VSP 25/08/2021 C.S. No.971 of 2016

ORDER

DATED : 04.08.2021 THE HON'BLE MR.JUSTICE N.SESHASAYEE FOR APPROVAL:16/09/2021 APPROVED ON: 22/10/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2021 CORAM : JUSTICE N.SESHASAYEE C.S.No.971 of 2016 S.V.Ramachandran ...

Plaintiff Vs.

1.Tmt.W.S.SarojiniAmmal 2.Tr.Prasanth 3.Tr.Chandran 4.Tr.W.S.Suresh ... Defendants PRAYER : Civil Suit filed under Order VII Rule 1 CPC R/w Order IV Rule 1 of OS Rules:

A) Pass a Judgment and Decree directing the defendants to pay Rs.1,30,00,000/- (Rupees One crores Thirty Lakhs only) jointly and severally to the Plaintiff as damages together with interest @ 18% Per annum on Rs.1,30,00,000/- from the date of filing of suit till the date of realization.

B) Direct the Defendants to pay costs of this Suit C) Pass such further or other orders as this honourable court may deem fit under the circumstances of the case and thus render justice.

For Plaintiff : Mr.P.Prem Kumar For D3 : Mrs.Vasudha Thiagarajan

JUDGMENT

The learned counsel for both the plaintiff and the third defendant made a joint statement that the matter has been amicably settled between the parties. 2.Mr.P.Prem Kumar, the learned counsel for the plaintiff seeks the leave of the Court to withdraw the suit.

3.The said statement of Mr.P.Prem Kumar is recorded. 4.In the result, the suit is dismissed as settled out of Court. No costs. The Registry is directed to refund the Court fee as per law. 5.The learned counsel for the plaintiff further states that the plaintiff is now 85 years old and during these Covid-19 times it is riskier for his client to venture out just to collect a Court fee. He therfore, seeks the leave of the Court to permit him collect the Court fee on behalf of the plaintiff.

6.The learned counsel for the plaintiff is permitted to collect the Court fee on behalf of the plaintiff.

Sd./-N.S.S.J 04.08.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.