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Madras High CourtCS/503/2014withdrawn dismissed

Mrs.Kalpagam v. R.Seshadri

2021-07-15Honourable Mr Justice N. Seshasayee6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 15TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE N.SESHASAYEE C.S. No.503 of 2014

1. Mrs.Kalpagam Srinivas, W/o.(Late) R.S.Srinivas, residing at No.2, Durga Colony, 4th Cross Street, Rajakilpakkam, Chennai-600 073.

2. Mrs.Vimala Ganesan, W/o.(Late) S.Ganesan, residing at New No.8, Old No.10, 2nd Street, North Gopalapuram, Chennai-600 086.

3. Mrs.Saroja Srinivasan, W/o.T.G.Srinivasan, residing at No.C1, 46/1, Belvadi Apartments, 13th Cross, 8th Main Road, Malleshwaram, Bangalore-560 003.

4. Mrs.Vijayalakshmi Ramani, W/o.(Late) R.G.Ramani, residing at Door No.G1 8/23, Velan Flats, Plot No.44, Majestic Colony, Tiruppur Kumaran Street, Valasarawalkkam, Chennai-600 087.

... Plaintiffs -Versus1. R.Seshadri, S/o.Late Sri Ramanathan, Permanent Address Flat No.3,

No.11, Sundararajan Street, 4th Street, Abiramapuram, Chennai-600 018 presently residing at V.G.N.Platina, Plot No.29, F-2, First Floor, Ayyambakkam, Near Thiruverkadu, Chennai-600 077.

2. R.Shankaran, S/o.Late Sri Ramanathan, V.G.N.Platina, Plot No.29, F-2, First Floor, Ayyambakkam, Near Thiruverkadu, Chennai-600 077.

(*) 3. R.Kalayanaraman, S/o. Late. S.Ramanathan Flat No.2, Ground Floor, No.11, Sundararajan Street, Abhiramapuram, Chennai 600 018.

(*) 3rd defendant impleaded as per order dated 15.04.2016 in A.No.6735/2017.

...Defendants Civil suit Application praying that this Hon'ble Court be pleased to pass a judgment and decree against the defendants: (a) Declaring that the settlement deed dated 23.01.2014 alleged to have been executed by the 1st defendant in favour of the 2nd defendant as null and void and not binding on plaintiffs, (b) for permanent injunction restraining the defendants from in any way alienating, encumbering or dispose of the suit property. © For costs of the suit.

This suit coming on this day before this court for hearing through video conference in the presence of Mr.T.Dhanasekaran, Advocate for the Plaintiffs herein and the defendants herein not appearing in person or by advocate and upon reading the plaint and the withdrawal memo dated 22.04.2021 filed herein, It is ordered as follows:- That Suit in C.S.No. 503 of 2014 be and is hereby dismissed as withdrawn.

WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 15th DAY OF JULY 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.

SK-19.07.2021 C.S. No.503 of 2014

ORDER

DATED : 15.07.2021 THE HON'BLE MR.JUSTICE N.SESHASAYEE FOR APPROVAL: 19.07.2021 APPROVED ON:20.07.2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2021

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE C.S.No.503 of 2014 1.Kalpagam Wife of (Late) R.S.Srinivas 2.Vimala Ganesan Wife of (Late) S.Ganesan 3.Saroja Srinivasan Wife of T.G.Srinivasan 4.Vijayalakshmi Ramani Wife of (Late) R.G.Ramani ... Plaintiffs Vs.

1.R.Seshadri Son of Late Sri Ramanathan 2.R.Shankaran Son of Late Sri Ramanathan 3.R.Kalyanaraman S/o.Late S.Ramanathan (3rd defendant impleaded as per order dated 15.04.2016 in Application No.6735 of 2014) ... Defendants Prayer: The Civil Suit has been filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of C.P.C. 1908,

praying (a)for declaring that the settlement deed dated 23.01.2014 alleged to have been executed by the 1st defendant in favour of the 2nd defendant as null and void and not binding on plaintiffs, (b)for permanent injunction restraining the defendants from in any way alienating, encumbering or dispose of the suit property and for costs of the suit.

For Plaintiffs : Mr.T.Dhanasekaran For Defendant : No appearance

JUDGMENT

(This case has been heard through video conference) The learned counsel for the plaintiffs in C.S.No.503 of 2014 had filed a memo seeking leave of the Court to withdraw the suit. 2.In view of the above, the civil suit stands dismissed as withdrawn. Sd./-(N.S.S.J.,) 15.07.2021 //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.