Vendanta Sasthra Prachara Trust v. Shriguru Chandrikananda Samithi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 25.11.2021 Coram:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Vedanta Sasthra Prachara Trust, Rep by its Executive Trustee Mr.P.R.Parasuraman, Sri Swami Chidbhavananda Ashram, Post Box No.23, Vedapuri, Chatrpatti Road, Theni District - 625 531 .. Applicant / Plaintiff Vs.

Shriguru Chandrikananda Samithi, Rep. by the Chairman and the Managing Trustee Dr.K.Venkatesan, E-Block, 3 A Raintree Apartments, No.21, 2nd Cross Street, Venus Colony, Alwarpet, Chennai 600 018 .. Respondent/defendant * * * Prayer in A.No.4108 of 2021: Application filed under Order XIV Rule 8 of O.S.Rules read with Section 92 of C.P.C to grant leave to institute the present suit under Section 92 of C.P.C.

Prayer in C.S.Dr.No.92078 of 2021: Plaint under Section 92 of C.P.C read with Order VII Rule 1 of C.P.C and Order IV Rule 1 of O.S.Rules praying to pass a judgment and Decree:

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a) Permitting the plaintiff to sell the property being Old No.07, New No.13, Karpagam Garden 1st Main Road, Adyar, Chennai 600 020, of an extent of 3600 sq.ft. (consisting of Stilt plus two floors with built up area about 5500 sq.ft. or thereabouts) more clearly described in the schedule hereunder, in favour of the defendant for a total sale consideration of Rs.8.55 crores and in terms of the sanction letter dated 22.02.2021. * * * For applicant/plaintiff : Mr.V.Kuberan for M/s.Rank Associates

ORDER

Learned counsel for the applicant has made an endorsement seeking permission of this Court to withdraw this application. However, he has sought for liberty to file proceedings under Section 92 of Civil Procedure Code.

2. The statement made by the learned counsel for the applicant is recorded.

3. Accordingly, A.No.4108 of 2021 is dismissed as withdrawn. Consequently, the un-numbered Civil Suit is rejected. However, liberty is granted to the applicant to file proceedings under Section 92 of Civil Page 2/4

Procedure Code in accordance with law. No costs. 25.11.2021 Index : Yes/No Internet : Yes/No srn Page 3/4

ABDUL QUDDHOSE, J.

srn 25.11.2021 Page 4/4