S.V. Kasilingam (Deceased) vs W.S. Sarojini Ammal
2022 Latest Caselaw 6422 Mad

                                                        1                    C.S.No.974 of 2016

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 29.03.2022

                                                    CORAM

                          THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                               C.S.No.974 of 2016

                     1.S.V. Kasilingam (Deceased)
                     2. K. Baskaran,
                     3. U. Hemalatha,
                     4.K. Indumathi,
                     5.S. Indra,
                     6.S. Jayamalaini
                     ...Plaintiffs
                                                       Vs.

                     1. W.S. Sarojini Ammal,
                     2. Prasanth,
                     3. Chandran,
                     4. W.S. Suresh,
                     5. K. Subadra                                              ...
                     Defendants

                     (Plaintiffs 2 to 6 and 5th Defendant are brought on record as legal heirs
                     of deceased plaintiff as per the order dated 11.03.2022 passed in
                     A.No.936 of 2022)


                     Prayer:- Plaint filed under Order VII Rule 1 of the CPC, 1908 read with
                     Order IV Rule 1 of the Original Side praying for a judgment and decree
                     as follows:-


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                                                                2                      C.S.No.974 of 2016




                                  a) Pass a Judgment and Decree directing the defendants to pay
                     Rs.1,35,00,000/- (Rupees One Crore Thirty Five Lakhs Only) jointly and
                     severally to the plaintiff as damages together with interest @18% p.a.
                     1,35,00,000/- from the date of filing of the suit till the date of realization.


                                  b) Direct the defendants to pay costs of this suit


                                        For Plaintiffs      : M/s. Vasudha Thiagarajan

                                        For Defendants      : Mr. P. Premkumar
                                                            ********

                                                         JUDGMENT

This suit has been filed to pass a Judgment and Decree directing

the defendants to pay Rs.1,35,00,000/- (Rupees One Crore Thirty Five

Lakhs Only) jointly and severally to the plaintiff as damages together

with interest @18% p.a. 1,35,00,000/- from the date of filing of the suit

till the date of realization and to direct the defendants to pay costs of this

suit.

2. The learned counsel for the plaintiff and the defendant would

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jointly submit that the matter was already settled out of the Court

between the plaintiff and defendants as early as in the year 2021. In view

of sudden demise of the sole plaintiff, before informing to this Court, for

impleading the legal heirs of the deceased plaintiff, the suit is pending

before this Court without disposal. Now, the legal heirs of the deceased

plaintiff has been impleaded in the suit by order dated 11.03.2022 in

A.No.936 of 2022. Based on which the said suit may be dismissed as

settled out of Court and return of Court Fee as per the Rules to the

plaintiffs.

3. Having taken into consideration the facts and circumstances of

the case and submissions made by the learned counsel on either side, the

suit is dismissed as settled out of Court.

                                                                                       29.03.2022


                     Lbm
                     Index              : No
                     Internet           : Yes
                     Speaking order

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V.BHAVANI SUBBAROYAN, J.,

Lbm

C.S.No.974 of 2016

29.03.2022

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