Mrs.D.Amba v. Mrs.P.Yamuna Mohan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.10.2018
CORAM
THE HONOURABLE MR.JUSTICE M. GOVINDARAJ C.S.No.257 of 2014 and O.A.No.302 & 303 of 2014 Mrs.D.Amba ... Plaintiff .Vs .
1.Mrs.P.Yamuna Mohan 2.Mrs.S.Hemalatha 3.P.K.Chandrasekhar Kumar 4.P.K.Hemanth Kumar 5.Mrs.P.A.Gunabhushanam 6.Mr.P.L.Giribabu 7.Mrs.R.Gayathri 8.P.Guru Vittal 9.G.Pattu Ramesh @ P.G.Ramesh Babu 10.G.Paramu @ P.G.Paramesh babu 11.P.Murali Vittal 12.Mrs.K.S.Suguna 13.P.K.Purushotham Kumar 14.Mrs.P.L.Dhanalakshmi 15.P.A.Giri Babu 16.P.L.Gopinath 17.P.L.Mothi Babu 18.Mrs.Bharathi 19.Mrs.Hemalatha 20.Mrs.M.C.Anuradha 21.Mrs.P.H.Vijayalakshmi 22.Mrs.V.Vimala 23.D.Rajkumar 24.M/s.Sponcer Commotrade Private Ltd., Rep.by its Director P.Mahaveerchand, No.19, Robinson Park Colony, Old Washermanpet, Chennai-600 021. Defendants Plaint filed under Order IV Rule 1 of O.S.Rules read with Order VII Rule 1 of C.P.C. a.
Declaring that the plaintiff is the sole and absolute owner of the suit schedule property and consequently grant permanent injunction restraining the defendants or their men or agents or anyone acting on their behalf from in any way interfering with the peaceful possession and enjoyment of the suit schedule property by the plaintiff. b. Declaring that the sale deed executed by the 11th defendant in favour of the 24th defendant in Document No.7444 of 2012 dated 25.06.2012, registered before the Sub-Registrar, Sowcarpet is null and void.
c. Declaring that the Decree and judgment passed in O.S.No.12098 of 2010 dated 31.07.2012 by the learned XV Additional City Civil Judge (I FTC) Chennai and consequential final order in I.A.No.86 of
2012 dated 22.10.2013 is null and void.
d. Directing the defendants to pay the plaintiff sum Rs.30,00,000/- [Rupees Thirty lakhs] as damages for destruction of superstructure and compound Wall in the suit schedule property by way of compensation for the acts and omissions by the defendants with interest at 18% p.a. from the date of plaint till date of payment.
e. Pass such other relief or reliefs as may be deemed fit and proper in the circumstances of the case and;
f. for Costs of the suit.
For Plaintiff : Mr.A.Swaminathan For Defendants : Mr.V.Anil Kumar for D 8 & D 9
JUDGMENT
The learned counsel for the plaintiff would submit that the matter has been settled out of Court. He has also made an endorsement to that effect.
2.In view of the submission and endorsement made by the learned counsel for the plaintiff, the suit is dismissed as Settled Out of Court. The Registry is directed to refund the Court Fee if it is admissible, as per law. No costs. Consequently, the connected applications are closed. 22.10.2018 KP To The Sub Assistant Registrar, Original Side, High Court, Madras.
M. GOVINDARAJ,. J KP C.S.No.257 of 2014
22.10.2018