S.Sampath Kumar vs S.Sendhil Kumar

Citation : 2023 Latest Caselaw 1276 Mad
Judgement Date : 1 February, 2023

Madras High Court
S.Sampath Kumar vs S.Sendhil Kumar on 1 February, 2023
                                                                                C.S.No.1058 of 2009

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 01.02.2023

                                                     CORAM

                                  THE HONOURABLE MR.JUSTICE N.SESHASAYEE

                                               C.S.No.1058 of 2009

                     1.S.Sampath Kumar
                     2.S.Baby @ Chitra
                     Rep. by their Power of Attorney Agent,
                     P.V.S.Vijayaraj                                               ... Plaintiffs

                                                        Vs.

                     1.S.Sendhil Kumar
                     2.S.Anusha
                     3.P.Chandrasekaran
                     4.J.Selvakumar
                     5.P.Sreekanth
                     6.N.Manju Devi
                     7.C.Sriganesh
                     8.R.Vinu
                     9.K.M.Ramesh
                     10.R.Sudha Ramesh
                     11.Murugesan Naicker                                       ... Defendants


                     Prayer: The Civil Suit has been filed under Order VII Rule 1 CPC read with



https://www.mhc.tn.gov.in/judis
                                                                                       C.S.No.1058 of 2009

                     Order IV Rule 1 of O.S. Rules praying to pass a decree:-


                     (a) Declaring that the plaintiffs 1 and 2 are the absolute owners of the
                     Schedule "A" and "B" properties respectively more fully described in the
                     schedule herein;


                     (b) Consequently directing the defendants to put the plaintiffs in vacant
                     possession of the Schedule "A" and "B" property after removal of the
                     construction put up by them;


                     (c) Restraining by a decree of permanent injunction the defendants their
                     men, servants and agents from in any manner alienating, encumbering and
                     proceeding with further construction till the vacant possession of the suit
                     property is handed over to the plaintiffs;

                     (d) Directing the defendants to pay to the plaintiffs the cost of the suit;


                                        For Plaintiffs     : Mr.K.Chandrasekaran


                                                          JUDGMENT

Learned counsel for the plaintiffs seeks permission of this court to withdraw this civil suit and he has also made an endorsement to that effect in the bundle.

https://www.mhc.tn.gov.in/judis C.S.No.1058 of 2009

2. In view of the endorsement made by the learned counsel for the plaintiffs, this Civil Suit stands dismissed as withdrawn. The Registry is directed to refund the Court fee as per rules in the name of the learned counsel Mr.P.Solomon Francis. No costs.

01.02.2023 Anu https://www.mhc.tn.gov.in/judis C.S.No.1058 of 2009 N.SESHASAYEE, J.

Anu C.S.No.1058 of 2009 01.02.2023 https://www.mhc.tn.gov.in/judis