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Madras High CourtCS/210/2018dismissed as withdrawal

M.M.Mohammed Rahumathuma v. M.M.Ahamed

2019-03-07Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 07TH DAY OF MARCH 2019 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN C.S. No.210 of 2018 Ms.M.M.Mohammed Rahumathuma W/o. (Late) Abu Tahir residing at No.8 Athreyapuram Main Road, Choolaimedu, Chennai 600 094.

:Plaintiff Vs.

1. Mr.M.M.Ahamed S/o. Mohideen Abdul Khader

2. Mrs.M.S.Ummu Huldu Ummal W/o. M.M.Ahamed Both residing at Flat No.4A "Avalon" 4th Floor, New No.61, Old No.82 Valluvarkottam High Road, (Village Road) Nungambakkam, Chennai 600 034.

: Defendants Civil suit praying that this Hon'ble Court be pleased to pass a judgment and decree in favour of the plaintiff: a) By directing the 1st Defendant to pay the sum of Rs.41,70,000/- (Rupees forty one lakhs and seventy thousand only) and further interest at 18% p.a from date of plaint till the date of realization.

b) Directing the 2nd defendant to pay the sum of Rs.62,55,000/- (Rupees sixty two lakhs and fifty five thousand only) and further interest at 18% p.a from date of plaint till the date of realization.

c) By directing the 1st and 2nd defendants to pay the cost of the proceedings to the plaintiff:

This civil suit coming on this day before this court

for hearing in the presence of Mr.M.R.Kaushik, Advocate for the Plaintiff herein and Mr.K.Chozhan, Advocate for the defendants herein and upon reading the plaint filed herein, and the learned counsel for the plaintiff having made an endorsement on the plaint stating that " I may be permitted to withdraw the suit with full court fee refund as the matter settled out of court", It is ordered as follows:- That the suit in C.S.No.210 of 2018 be and is hereby dismissed as settled out of Court.

2. That a certificate under Section 69 of The Tamil Nadu Court Fees and Suits Valuation Act XIV of 1955 (Amended Act), do issue herein, out of and under the seal of this Court in favour of Ms.M.M.Mohammed Rahumathuma, the plaintiff herein, authorising her to receive from the Pay and Accounts office, High Court, Chennai, a sum of Rs.1,11,300/- (Rupees One lakh eleven thousand and three hundred only) being 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 SHRIMATI.VIJAYA KAMLESH TAHILRAMANI, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 07th DAY OF MARCH 2019.

Sd./- ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SK 13.03.2019 C.S. No.210 of 2018 ORDER :- DATED:07.03.2019 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN FOR APPROVAL: 28.03.2019 APPROVED ON: 01.04.2019