Madras High CourtCS/507/2019dismissed as settled out of court

Mohammed Tajudeen v. Liyakath Ali

2022-02-03Honourable Mr Justice Abdul Quddhose11 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 03rd DAY OF FEBRUARY 2022 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.S. No. 507 of 2019 and O.A.No. 797 of 2019 S.Mohammed Tajudeen, Son of Shahul Hameed Rowther, No.274, Govindarajapuram, Kovilpatty Road, Manapparai, Trichy District - 621 306.

:Plaintiff/Applicant Vs 1.Mr.Liyakath Ali, Son of Mohammed Ebrahim.

2.Mrs.Ramzan Begum, Wife of Mr.Liyakath Ali, 3.Mrs.Balkis Fathima, W/o Mohammed Yusuf D/o Liyakath Ali All Defendants 1 to 3 are residing at No.1/13 Manivilan 7th Street, Aranthangi Town and Taluk Pudukottai District - 614 616.

: Defendants/Respondents C.S. No. 507 of 2019:- Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree against the defendants for

(a) Directing the defendants either jointly or collectively or severally to pay damages of Rs.1,01,00,000/- to the plaintiff for his loss of his reputation,health, finance and harmony.

(b) Grant of Permanent injunction restraining the Defendants, their men, agents, servants, assignee or any person/s claiming through or under them from interfering or intimidating or harassing or making any accusations, allegations, Critical, disparaging, defamatory, slanderous, abusive statements in any manner against the plaintiff, whether verbal or written to anyone or in any forum or department.

O.A.No. 797 of 2019:- Original Application praying that this Hon'ble Court be pleased to grant ad-interim injunction restraining the respondents/defendants their men, agents, servants, assignee or any person/s claiming through or under them, from interfering or intimidating or harassing or making any accusations, allegations, Critical, disparaging, defamatory, slanderous, abusive statements in any manner against Applicant/Plaintiff, whether verbal or written to or in any forum or department till the disposal of the above suit.

This Suit along with the Original Application coming on this day before this court for hearing in the presence of Mr.C.Gurulingam, Advocate for the Plaintiff in C.S.No.507 of 2019 and for the applicant in O.A.No.797 of 2019 and Mr.M.Baskar, Advocate for the defendants in C.S.No.507 of 2019 and for the respondents in O.A.No.797 of 2019 and upon reading the plaint filed in C.S.No.507 of 2019 and the order dated 3.1.2020 made in O.A.No.797 of 2019 in C.S.No.507 of 2019, and the learned counsel for the defendants/respondents filed an affidavit of Mrs.

Bulki's Fathima/third defendant sent through E-mail ID stating that they undertake to withdraw all the cases filed against the Plaintiff, and this court doth recording the same, and the 3rd defendant filed affidavit on behalf of the defendants 1 and 2 herein and stating that "Since I wanted to obtain Khula (dissolution of marriage) from my husband, both the parties/families represented by myself and the plaintiff herein, who is my father in law, arrived at an agreement on 31.07.2021, before the Jamathars of both Aranthangi and Manapparai at Manapparai, it is ordered as follows:- That the suit in C.S.No.507 of 2019, be and is hereby dismissed as settled out of court.

2. That a certificate under section 69 of Tamil Nadu Court Fees and suits valuation Act, XIV of 1995 do issue herein, out of and under the seal

of this court, in favour of S.Mohammed Tajudeen, the Plaintiff herein authorising him, to receive from the Pay and Accounts Office, High Court, Chennai, a sum of Rs.1,04,620/- (Rupees One Lakh Four Thousand Six Hundred and Twenty only) being the entire court fee paid on the plaint by the Plaintiff herein.

3. That the 3rd defendant herein shall withdraw all the Criminal and Civil Cases filed by her against the Plaintiff, her husband and their relatives and the Plaintiff has to withdraw the above suit C.S.No.507 of 2019.

4. That the 3rd defendant shall return all the gold jewels and silver articles given to her as Mahar and presents given by her husband and the Plaintiff to her.

5. That the defendants herein, be and are hereby directed to withdraw all the cases filed against the Plaintiff within a period of two months from the date of receipt of a copy of this order.

6. That the plaintiff herein shall return the gold jewels given to the third respondent's husband by her family.

7. That both parties shall not file any more civil and criminal cases, whatsoever against each other, in any manner before any court or authorities or forums.

8. That the Plaintiff's son Mohammed Yusuf herein shall give permission to 3rd defendant for her request for Khula.

9. That the plaintiff herein, on behalf of 3rd defendant's husband shall give Rs.4,00,000/- as one time alimony to her.

10. That there shall be no costs.

SCHEDULE - AFFIDAVIT

MU 10.03.2022 C.S. No. 507 of 2019 and O.A.No. 797 of 2019

ORDER

DATED : 03.02.2022 THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE FOR APPROVAL: 31.03.2022 APPROVED ON: 31.03.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.S.No.507 of 2019 S.Mohammed Tajudeen ...

Petitioner

Versus

1. Mr. Liyakath Ali

2. Mrs. Ramzan Begum

3. Mrs. Balkis Fathima ... Respondent Plaint filed under Order IV Rule 1 of Original side Rules r/w Order VII Rule 7 of C.P.C.

For Plaintiff : Mr.C.Gurulingam For Defendants : Mr.M.Baskar

ORDER

The suit is filed for the following reliefs:

a) Directing the defendants either jointly or collectively or severally to pay damages of Rs.1,01,00,000/- by to the plaintiff for his loss of his reputation, health, Finance and harmony.

b) Grant of permanent injunction restraining the defendants, their men, agents, servants, assignee or any persons claiming through or under

them from Interfering or Intimidating or Harrassing or making any Accusations, Allegations, Critical, Disparaging, Defamatory, Slanderous, Abusive statements in any manner against the plaintiff, whether verbal or written to anyone or in any forum or department. c) Directing the defendants herein to pay the costs of the suit as awarded by this Honourable Court.

2. Since the suit has been settled out of Court, as recorded in the application O.A.No. 797 of 2019, the suit is dismissed as settled out of Court and refund of entire Court fees is ordered to the plaintiff. No costs. Sd./-A.Q.J.

03.02.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

:Applicant/Plaintiff Vs 1.Mr.Liyakath Ali, Son of Mohammed Ebrahim.

2.Mrs.Ramzan Begum, Wife of Mr.Liyakath Ali, 3.Mrs.Balkis Fathima, W/o Mohammed Yusuf D/o Liyakath Ali All 1 to 3 are residing at No.1/13 Manivilan 7th Street, Aranthangi Town and Taluk Pudukottai District - 614 616.

: Respondents/ Defendants

O.A.No. 797 of 2019:- Original Application praying that this Hon'ble Court be pleased to grant ad-interim injunction restraining the Respondents/Defendants their men, agents, servants, assign or any person/s claiming through or under them, from interfering or intimidating or Harassing or making any Accusations, Allegations, Critical, Disparaging, Defamatory, Slanderous, Abusive Statements in any manner against Applicant/Plaintiff whether verbal or written to or in any forum of department till the disposal of the above suit.

ThisOriginal Application coming on this day before this court for hearing the court made the following order:- Learned counsel for the respondents have filed an affidavit of Mrs.Bulkis Fathima,/third defendant sent through E-mail ID mentioned in the cause list today. In the affidavit, the respondents/defendants have stated that they undertake to withdraw all the cases filed against the plaintiff.

2. Learned counsel for the plaintiff on instructions, is satisfied with the affidavit filed by the third respondent/third defendant on behalf of the remaining respondents/defendants also. He submits that in terms of the said affidavit, the application No.797 of 2019 can be disposed of, however, a direction will have to be given to the defendants for withdrawal of the complaints/cases against the plaintiff within the stipulated time to be fixed

by this Court.

3. This Court after recording the affidavit of Mrs.Balkis Fathima/third defendant filed on behalf of the remaining defendants also, disposes of O.A.No.797 of 2019 in terms of the said affidavit, however, directs the defendants to withdraw all the cases filed against the plaintiff within a period of two months from the date of receipt of a copy of this order.

Sd./-A.Q.J.