A.Nasreen Banu v. K.Ziaul Huk

7IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 30.04.2025 CORAM :

THE HON`BLE MR.JUSTICE K.KUMARESH BABU 1.Mrs.A.Nasreen Banu 2.Minor Abdul Basith 3.Minor Ameera ... Plaintiffs Minor plaintiffs 2 & 3 are represented by their mother and natural Guardian Mrs.A.Nasreen Banu vs.

1.K.Ziaul Huk 2.Mrs.P.M.Burhan Beve 3.Mrs.Aabithal Beve 4.Mrs.Zulbihar Beve 5.Mrs.Barkath Nisha 6.Mr.Tameem Ansari 7.Mr.Basheer Ahamed ... Defendants Prayer : Civil Suit filed under Order IV Rule 1 of Madras High Court Original Side Rules read with Order VII Rule 1 of CPC to pray for judgment and decree against the defendants as follows:- 1)by way of declaration in declaring that the first plaintiff is the absolute owner of the suit schedule property and in consequence thereof by way of mandatory injunction in directing the 1/5

defendants to vacate and hand over the vacant possession of the schedule property to the first plaintiff and

2) by way of cancelation in cancelling of the sale deed dated 19.01.2006 executed by the first plaintiff in the name of the second defendant and registered as document bearing No.54 of 2006 registered before the Sub-Registrar, Triplicane and

3) by way of declaration in declaring the settlement deed dated 06.04.2009 executed by the second defendant in the name of the defendants 1, 3 to 5 and registered as document bearing No.352 of 2009 registered before the sub-registrar, Triplicane as null and void and not binding on the first plaintiff and

4) by way of cancelation in cancelling rectification deed dated 20.07.2017 executed by the plaintiff in favour of the second defendant and registeed as document bearing No.1018 of 2017 registeed before the Sub-Registrar, Triplicane and

5) by way of declaration in declaring that the sale deed dated 08.08.2017 executed by the first defendant in the name of the 6th defendant and registered as document bearing No.110 of 2017 registered before the Sub-Registrar, Triplicane as null and void and not binding on the plaintiff and

6) By way of permanent injunction restraining the defendants from interfering with the plaintiffs possession and enjoyment of the schedule property and

7) by way of permanent injunction restraining the defendants from alienating, encumbering, altering or in any way of dealing with the schedule property and 2/5

8) grant the cost of the proceedings and

9) grant any such further or other relief or relieves as this Court may deem fit and proper in the circumstances of the case. For Plaintiffs : Mr.J.R.Raghunathan For defendants : Mr.V.Manohar for DD1 to D5

J U D G M E N T

When the matter is taken up for hearing, the learned counsel for the plaintiff would submit that the parties have settled the issues among themselves, outside the Court and therefore, the learned counsel for the plaintiff seeks permission of this Court to withdraw the Suit as settled out of Court and he has also circulated a letter dated 28.04.2025 from the first plaintiff indicating that parties had settled the disputes among themselves and the same is also taken on record.

Recording the said submissions and the letter of the plaintiff, the Suit is dismissed as withdrawn as being settled out of Court. Registry is directed to refund the Court fee in the name of the first plaintiff applicable as per the Rules. However, there shall be no order as to costs. 30.04.2025 Index : Yes / No 3/5

Internet :Yes / No Gba 4/5

K.KUMARESH BABU.J., Gba 30.04.2025 5/5