Madras High Court
H.H.Aswathi Thirunal vs A.C.R.Raaj Ganesan on 10 August, 2021
C.S.No.869 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2021
CORAM : JUSTICE N.SESHASAYEE
C.S.No.869 of 2013
& O.A.Nos.1009 & 1010 of 2013
& A.No.7841 of 2018
H.H.Aswathi Thirunal
Rama Varma ... Plaintiff
Vs.
1.A.C.R.Raaj Ganesan
2.B.R.Raam Prabhu Raaj
3.H.H.Pooyam Thirunal
Gouri Parvathi Bayi
4.H.H.Aswathi Thirunal
Lekshmi Bayi
5.H.H.Moolam Thirunal
Rama Varma
6.H.H.Avittam Thirunal
Aditya Varma
7.H.H.Uthradam Thirunal Padmanabha
Dasa Marthanda Varma Ilaya Raja
8.M/s.Pen Resorts Ltd.,
Rep by its Director
Sarath Kakumanu,
133, Nelson Manickam Road,
Chennai - 600 029. ... Defendants
PRAYER : Civil Suit filed under Order IV Rule 1 of O.S.Rules read
with Order VII Rule 1 of C.P.C:
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C.S.No.869 of 2013
I. declare that the Memorandum of Understanding dated
20/11/2006 alleged to have been executed by the
plaintiff as null and void; vitiated by fraud and being
sham and nominal and unenforceable in the eye of law;
II. declare that the Deed of Sale dated 09/10/2012
registered as Pending Doc.No 120/2012 on the file of
the Sub-Registrar of Assurances, Adyar as null and
void, non-est, vitiated by fraud and being sham and
nominal;
III.for a permanent injunction restraining the first and
second defendants, their men, agents, servants, person
or persons acting through or under them, or for and on
their behalf, from in any manner, whatsoever,
interfering with the peaceful possession, enjoyment,
occupation, use of the plaintiff share of the property,
described in Schedule to the plaint;
IV.for permanent injunction restraining the first and
second defendants, their men, agents, servants, person
or persons acting through or under them, or for and on
their behalf, from in any manner, whatsoever,
alienating, encumbering, parting with possession,
occupying the property, described in Schedule to the
plaint;
V. directing the defendants 1 and 2 to execute necessary
deed of cancellation of the Sale Deed dated 9/10/2012
within the time to be stipulated by this Hon'ble Court
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C.S.No.869 of 2013
and on their failure direct the Learned Assistant
Registrar Original Side, High Court, Madras to execute
necessary document in this regard;
VI.for the costs of the suit; and
VII.pass such further or other orders as this Hon'ble Court
may deem fit and propert in the facts and circumstances
of the case.
For Plaintiff : Mr.R.Cibichakravarthy
For D1 : Mr.C.Jagadish
JUDGMENT
The learned counsel for the plaintiff appeared on-line and made a
statement on instructions that he is withdrawing the suit as the parites
have amicably settled the issue out of Court.
2.In view of the above, this Civil Suit is dismissed as withdrawn. No
costs. Consequently, the connected Applications are closed. The Registry
is directed to refund the Court fee as per law.
10.08.2021
Tsg
Index : Yes / No
Speaking Order / Non-speaking order
N.SESHASAYEE.J.,
http://www.judis.nic.in
C.S.No.869 of 2013
Tsg
C.S.No.869 of 2013
& A.No.7841 of 2018
10.08.2021
http://www.judis.nic.in
