Madras High Court
Mrs. Valencia Antony D' Souza vs Mrs. Navaneetham on 2 March, 2022
1 C.S.No.502 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2022
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.S.No.502 of 2013
and
A.Nos.736 to 738 of 2022
Mrs. Valencia Antony D' Souza, ...Plaintiff
Vs.
1. Mrs. Navaneetham,
2.Mrs. Kanchana
3.Mrs. Dhanalakshmi
4.Mrs. Padmini
5.P. Gomathi
6.V. Bharathi ... Defendants
Prayer:- This Civil Suit filed under Order IV Rule 1 of O.S. Rules
and Order VII Rule 1 of C.P.C. praying for the following reliefs:
(a) For specific performance of the agreement dated 25.01.2012,
by ordering and directing the defendants to execute and register the sale
deed and convey the suit property morefully described in the Schedule
hereunder on or before a date to be fixed and further directing the
plaintiff to deposit the balance sale consideration in Court within a time
to be stipulated in case of default by the defendants, the plaintiff prays
that this Hon'ble Court may execute the sale deed on behalf of the
defendants and convey the suit property to the plaintiff;
1
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2 C.S.No.502 of 2013
(b) for perpetual injunction restraining the defendants from in any
manner dealing, disposing, alienating, charging or encumbering the suit
property;
(c) To direct the defendants to pay the cost of the suit.
***
For Plaintiff : M/s. Fidelia
For Defendants : M/s. G. Karthikeyan
********
JUDGMENT
This suit has been filed by the plaintiff against the defendants
seeking for :
(a) For specific performance of the agreement dated 25.01.2012,
by ordering and directing the defendants to execute and register the sale
deed and convey the suit property morefully described in the Schedule
hereunder on or before a date to be fixed and further directing the
plaintiff to deposit the balance sale consideration in Court within a time
to be stipulated in case of default by the defendants, the plaintiff prays
that this Hon'ble Court may execute the sale deed on behalf of the
defendants and convey the suit property to the plaintiff;
(b) for perpetual injunction restraining the defendants from in any
manner dealing, disposing, alienating, charging or encumbering the suit
property.
2.When the matter is taken up today for hearing, the learned
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counsel for the plaintiff submitted that the case has been settled out of
Court between the parties and the plaintiff prays this Court, he may be
permitted to withdraw the aforesaid suit. Further, the learned counsel has
filed a memo to withdraw the suit to that effect.
3. In view of the aforesaid submissions of the learned counsel for
the plaintiff and recording the memo to withdraw the suit filed by him,
the Civil Suit is dismissed as withdrawn. No Costs. Consequently,
connected miscellaneous applications stand closed.
4. Registry is directed to refund Court fee to the plaintiff in
accordance with rules.
02.03.2022
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Index : No
Internet : Yes
Speaking order
V.BHAVANI SUBBAROYAN., J.
https://www.mhc.tn.gov.in/judis
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C.S.No.502 of 2013
and
A.Nos.736 to 738 of 2022
02.03.2022
https://www.mhc.tn.gov.in/judis
