Sandeep Pappula v. Sajini Ramesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 25TH DAY OF JUNE 2021 THE HON'BLE MR. JUSTICE V.PARTHIBAN C.S. No.317 of 2019 and O.A. No.515 of 2020 Sandeep Pappula, Aged about 28, s/o.P.Narsing Raj, No.11, Boat Club, 1st Main Road, Chennai 600028.
... Plaintiff/Applicant -VersusSajini Ramesh, Aged about 25, D/o. unknown, No.12, Raghavaveera Avenue, Poes Garden, Chennai 600086.
... Defendant/Respondent C.S. No.317 of 2019 Civil Suit praying that this Hon'ble Court may be pleased to: a. Direct the defendant to pay a sum of Rs.1,00,00,000/- (Rs. One Crore Only) as damages to the plaintiff for the defamation of the plaintiff on social media or through other means;
b. Permanent injunction restraining the defendant, her agents or anyone acting on the defendant's behalf from posting any posts, articles,
messages, pictures or graphical representation of any nature that are defamatory, derogatory or in the nature of a threat against the plaintiff, in social media websites, applications or any other forms of media, websites or blogs against the plaintiff and institution, proprietorship or any person or Company that the plaintiff is associated with; c. Mandatory injunction directing the defendant to issue a public apology in any national newspaper for defamatory and derogatory posts against the plaintiff;
d. Costs of the present suit in favour of the plaintiff. O.A. No.515 of 2020 Original Application praying that this Hon'ble Court be pleased to grant an order of ad-interim injunction restraining the Respondent, her agents or anyone acting on the Respondent's behalf from posting any posts, articles, messages, pictures or graphical representation of any nature that are defamatory, derogatory or in the nature of a threat against the Applicant, in social media websites, applications or any other forms of media, websites or blogs against the Applicant and institution, proprietorship or any person or Company that the Applicant is associated with, pending disposal of the present suit.
This suit along with the Application coming on this day before this court for hearing in the presence of Ms.Sella Visalakshi for Mr.Anirudh
Krishnan, Advocate for the plaintiff in C.S.No.317 of 2019 and for the applicant in O.A.No.515 of 2020 and upon reading the plaint filed in C.S.No.317 of 2019 and the order dated 01.10.2019 made in O.A.No.515 of 2019 and the memo dated 23.06.2021 filed herein, it is ordered as follows:- That the suit in C.S.No.317 of 2019, do stand withdrawn.
2. That a certificate under Section 69 of The Tamil Nadu Court Fees and Suits Valuation Act 1955, do issue herein, out of and under the seal of this Court in favour of Sandeep Pappula, the Plaintiff herein, authorising him to receive from the Pay and Accounts office, High Court, Madras, a sum of Rs.1,03,825/- (Rupees One Lakh Three Thousand Eight Hundred and Twenty Five only) being the entire Court fee paid on the plaint by the plaintiff herein.
3. That these O.A.No.515 of 2020 do stand closed.
4. That there shall be no costs of this suit. WITNESS THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 25th DAY OF JUNE 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/Decrees in this format.
KY-04.08.2021 C.S. No.317 of 2019 and O.A. No.515 of 2020 ORDER:- DATED : 25.06.2021 THE HON'BLE MR.JUSTICE V.PARTHIBAN FOR APPROVAL: 4.8.2021 APPROVED ON: 05.8.2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date: 25.06.2021
CORAM
THE HON'BLE MR. JUSTICE V.PARTHIBAN Civil Suit No.317 of 2019 and O.A.No.515 of 2020 Sandeep Pappula ...Plaintiff Vs.
Sajini Ramesh ...Defendants Suit filed under Order IV Rule 1 of the Madras High Court Original Side Rules, 1956 r/w Order VII Rule 1 of the Code of Civil Procedure, 1908 praying to:
a. Direct the defendant to pay a sum of Rs.1,00,00,000/- (Rs. One Crore Only) as damages to the plaintiff for the defamation of the plaintiff on social media or through other means;
b. Permanent injunction restraining the defendant, her agents or anyone acting on the defendant's behalf from posting any posts, articles, messages, pictures or graphical representation of any nature that are defamatory, derogatory or in the nature of a threat against the plaintiff, in social media websites, applications or any other forms of media, websites or blogs against the plaintiff and institution, proprietorship or any person or Company that the plaintiff is associated with; c. Mandatory injunction directing the defendant to issue a public apology in any national newspaper for defamatory and derogatory
posts against the plaintiff;
d. Costs of the present suit in favour of the plaintiff. For Applicant : Ms.Sella Visalakshi for Mr.Anirudh Krishnan
ORDER
When the matter is taken up for hearing, on behalf of the plaintiff, a memo has been filed dated 23.06.2021. The contents of the memo are extracted hereunder;
"1.The plaintiff submits that the defendant in the present suit expired in March, 2021. Therefore, the plaintiff seeks to withdraw the present suit since the suit has become infructuous.
2.Furthermore, considering that the present suit has not reached the evidence stage, the plaintiff also humbly prays that the Court fees of Rs.1,03,825/- paid by him may be refunded by this Court.
3.This memo may be taken on record by this Court and suitable order may be passed."
2.In view of the above reasons, the learned counsel for the plaintiff is permitted to withdraw the suit and the Registry is directed to return the
Court Fee which was initially paid at the time of filing of the suit. 3.Accordingly, the present Civil Suit stands withdrawn. No costs. Consequently, the connected Original Application stands closed. Sd./- V.P.N.J 25.06.2021 //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.