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Madras High CourtCS/207/2017withdrawn dismissed

R.Janardhan (Deceased) v. Meerabai

2023-07-31Honourable Mr Justice A.A.Nakkiran4 pages

1 Tr.C.S.No.207 of 2017

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2023

CORAM

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr. C.S.No.207 of 2017

1. R. Janardhan, (Deceased) 2.Mrs. J. Vasantha Sri, 3.J. Radhkrishnan, 4.J. Vijayakumar ...Plaintiffs (Plaintiffs 2 to 4 are brought on record as legal heirs of the deceased sole plaintiff as per order dated 23.04.2021 in A.No.3022 of 2021 and delay condone by and order dated 02.02.2022 in A.No.330 of 2022) .Vs.

Mrs. Meera Bai ... Defendant Prayer:

Plaint filed under Order VII Rule 1 of the CPC, 1908 read with Order IV Rule 1 of the Original Side, 1957 praying for a judgment and decree as follows:- a) Declaring that the plaintiff is the absolute owner of the property situated at Plot No.128-A, measuring an extent of 1800 Sq. ft. 4th Street,

2 Tr.C.S.No.207 of 2017 Kumaran Colony, Vadapalani, Chennai - 600 026 morefully described in the schedule hereunder;

b) To grant permanent injunction restraining the defendants, her men, agents, servants, or anybody claiming through them from in any way interfering or disturbing the Plaintiff from peaceful possession or enjoyment of the Schedule mentioned property. c) Direct the defendant to pay the cost of the suit to the plaintiffs and d) Such other relief or reliefs as deemed fit and proper in the circumstances of the case.

For Plaintiffs : M/s.C.Sriranjani For Defendant : Mr. J.Y. Rajasuriya ********

J U D G M E N T

When the matter came up today for hearing, the learned counsel for the plaintiffs seeks permission of this Court to withdraw the suit as per the instruction of the plaintiffs and makes an endorsement to that effect.

3 Tr.C.S.No.207 of 2017

2. Since the learned counsel for the plaintiffs seeks original documents filed in the suit, the plaintiffs' counsel is directed to file an application seeking for substituting the original documents which have been marked in Tr.C.S. No.207 of 2017, with the certified copies. 3.Registry is directed to handover the original documents filed by the plaintiffs to the learned counsel for the plaintiffs after retaining the certified copies of the original documents.

4.In view of the endorsement made by the learned counsel for the plaintiff in the plaint, the suit is dismissed as withdrawn. No costs. 31.07.2023 Note: The Court Fee shall be refunded as per Original side Rules. Lbm Index : No Internet : Yes Speaking order

4 Tr.C.S.No.207 of 2017 A.A.NAKKIRAN.,J Lbm Tr. C.S.No.207 of 2017 31.07.2023