Madras High CourtCS/209/2001settled before the lokadalats

Tmt.S.Parimala & 3 Others v. Mrs.Varadhammal And 33 Others

2016-03-10Honourable Mr Justice M. Sathyanarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN C.S.No.209 of 2001 1.Tmt.S.Parimala 2.Tmt.Lalitha Devi 3.Miss Kothai Nayagi 4.Master Srinivasan (Minors 3 and 4 plaintiffs rep. By the mother and natural guardian the 1st plaintiff herein) ... Plaintiffs

Versus

1.Mrs.Varadhammal 2.C.R.Yogeswaran 3.C.R.Mathiazhagan 4.C.R.Chandra Babu 5.Mrs.Thilagavathi 6.Mrs.padmalochini 7.Thamayanthi 8.Lalitha Dhevi 9.The Secretary, Purasawalkam, Saswatha Sanga Nidhi Ltd., 10.Malla Reddy 11.S.Kannammal 12.Chokkalingam 13.Thazeeb Ravi Kataria Varma 14.Mrs.Jaishree Amarnath 15.B.Chelladurai 16.M/s.Western Enterprises Pvt. Ltd., Shrr Sukhminder Singh Boparai 17.Sundaramone 18.Martin Neena Bennet 19.Miss Caroline Anja Bennet 20.Miss Catholyne Niranja Bennet 21.Jayamohan

22.M/s.Acqua Seeds Pvt. Ltd., Rep. By Dhamodar Ahivah 23.M/s.Kanshyamdas 24.Dr.K.K.Ramalingam 25.M/s.Faith Plastics and Plantation Private Ltd.

26.Chennai Blue Scan Motor Pvt. Ltd.

27.K.M.K.Prakash 28.Dharma Susai 29.Amala Selvi 30.Ranjith Jacob 31.Mahendran 32.Kamalakannan 33.Parthasarathy 34.Balarama Naicker ... Defendants Plaint filed under Order VII Rule 1 of CPC read with Order XXIV Rule 1 of OS Rules read with Section 26 and Order VII Rule 1 of CPC praying to pass a preliminarily decree for partition of 1/4th share in favour of the plaintiff's in respect of all the six suit schedule properties; a decree for permanent injunction restraining the defendants or their servants, agents, men or any one on behalf of them in any manner from encumbering, causing damages, altering or put up any new constructions or alienating in the suit properties to any third party pending passing of preliminarily and final decree for partition by this Court and delivering 1/4th share of the suit properties to and in favour of the plaintiffs; to grant decree for yearly 1/4th share of mesne profits of

Rs.3,58,950/- from the date of decree till the date of delivery of 1/4th share of properties to the plaintiffs herein; pass final decree for partition of 1/4th share of the suit properties in favour of the plaintiffs; award cost of the suit proceedings against the defdants directing them to pay the same to the plaintiffs and to grant any other decree, relief or reliefs or order in favour of the plaintiffs.

For Plaintiffs : Mr.R.G.Annamalai For Defendants : M/s.K.Bhanumathi [D1 to D4] Mr.R.Thiagarajan [D5, D7 & D8] Mr.Kathirvel [D6] Mr.G.Palani [D10] Mr.Saravanan [D11, D33 & D34] Mr.Srikanth [D16] Mr.N.Chandrasekar [D17] Mr.A.K.Mylsamy [D18, D19 & D20] Mr.D.Baskar [D21] Mr.C.Ramesh [D23] Mr.V.P.Sengottuvel [D24 to D27] Mr.V.Manohar [D30] Mr.V.Kuberan for Rank Associates [D31 & D32] No Appearance for [D9, D13 to D15, D22, D28 and D29]

JUDGMENT

The learned counsel appearing for the plaintiffs, on instructions, seeks to leave of this Court to withdraw this suit as it is settled out of Court and also made an

endorsement to that effect.

This Court heard the submission of the learned counsel appearing for the defendants also and they have no serious objections.

2. Therefore, this Civil Suit is dismissed as settled out of Court and since the suit is dismissed as settled out of Court, refund of Court fee, if any, as per entitlement. No costs.

sd/.M.S.N.J 10.03.2016 //Certified to be a true copy// Dated this the day of 2016.

R.s/19.12.2016 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.