M. Muthiah vs R. Sukumar
2021 Latest Caselaw 23812 Mad

                                                                                   C.S. No. 506 of 2011

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED: 03.12.2021

                                                               CORAM

                                    THE HONOURABLE MR.JUSTICE N. SESHASAYEE

                                                       C.S. No. 506 of 2011


                     1.           M. Muthiah
                     2.           M. Kousalya                                    ..Plaintiffs

                                                                Vs.

                     1.           R. Sukumar
                     2.           R. Suseela

                     3.           S.S. Builders,
                                  represented by R. Suseela,
                                  No.21/B, P.E. Koil Street,
                                  Ayanavaram,
                                  Chennai 600 023.

                     4.           A. Ramanujam                                   ..Defendants

                     Prayer:            This Civil Suit is filed under Order VII Rule 1 CPC r/w Order

                     IV Rule 1 of O.S. Rules praying for a judgment and decree (a) directing the

                     defendants 1 and 2 to cause proper and correct measurement of the entire

                     constructed area and indicate the plaintiffs'40% share asper the Builder

                     agreement; (b) to declare that the registered sale deed dated 06.05.2011,

                     registered as Doc. No. 2540/11 executed by the first and second defendants

                     to and in favour of the 4th defendant and the consequential settlement deed
https://www.mhc.tn.gov.in/judis


                     dated 06.05.2011 registered as Doc. No. 2541 of 2011, executed by the 4th
                                                                                     C.S. No. 506 of 2011

                                                                                  N. SESHASAYEE,J.

                                                                                                      nv

                     defendant, to and in favour of the 1st defendant is illegal and unlawful and

                     not binding on the plaintiffs in respect of the immovable property morefully

                     described in Schedule 'E' hereunder: (c) To direct the defendants to pay

                     damages at Rs.19,08,001/- and d) to pay cost of the suit.

                                        For Plaintiffs     ::    Mr.B. Manivannan

                                        For Defendants     ::    M/s. Span Associates for
                                                                 D1 to D3

                                                        JUDGMENT

Both sides made a joint statement that the matter has been settled and

by letter dated 10.04.2014 given to the Registry, the plaintiffs had sought

permission to withdraw the suit. Hence, the suit is dismissed as withdrawn.

No costs. Registry is required to refund the court-fee as per law.

03.12.2021 nv

C.S. No. 506 of 2011

https://www.mhc.tn.gov.in/judis