Madras High Court
Sangeetha vs N.V.Kamalesh Kumar (Deceased) on 29 August, 2023
C.S. No.78 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.08.2023
CORAM:
THE HONOURABLE Ms. JUSTICE R.N.MANJULA
C.S. No.78 of 2018
and A.No.3856 of 2023
and O.A.No.107 of 2018
Sangeetha ... Plaintiff
Vs.
1. N.V.Kamalesh Kumar (Deceased)
2. Bhairagi Mutt Arulmighu Thiruvenkadamudayan
Venkatesaha Perumal Thirukkoil,
Represented by its Maharajapathi
No.1, General Muthiah Street,
Sowcarpet, Chennai – 600 001.
3. Nirmal Kumar Bohra
4. Hindu Religious and Charitable Endowments (HR & CE)
and State of Tamil Nadu,
No.119, Uthamar Gandhi Road,
Nungambakkam,
Chennai – 600 034.
5. Anitha
6. Krithika
7. Shruthi Megha ... Defendants
(4th defendant is suo motu impleaded as a party vide order dated 08.09.2021
in C.S.No.78/2018)
(Defendants 5 to 7 are impleaded as legal heirs of the deceased first
defendant by this Court vide order dated 21.07.2022 in A.No.2695/2022)
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C.S. No.78 of 2018
Civil Suit is filed under Order VII Rule 1 of Civil Procedure Code and
Order IV Rule I of Original Side Rules, 1994, to pass a judgment and
decree:
a) Declaring the Lease Agreement dated 20.04.2012 is a valid
construction agreement executed between the plaintiff and the first
Defendant for the land situated at Door No.8/18 Veerappan Street,
Sowcarpet, Chennai-01 and morefully described in the schedule hereunder.
b) Declare that the Mezzanine and Ground Floor superstructure
constructed by the plaintiff over the land situated at Door No.8/18
Veerappan Street, Sowcarpet, Chennai-01 and morefully described in the
schedule hereunder and constructed in pursuance to the Lease Agreement
dated 20.04.2012 executed between the plaintiff and the first Defendant
absolutely belongs to the plaintiff.
c) Permanent injunction restraining the first and second defendant,
their men, agents, henchmen, assignee, executor, administrator or any person
claiming through or under him from and in any manner disturbing the
peaceful possession, enjoyment and business carried on at Mezzanine and
Ground Floor shop portion situated at door no. 8/18 Veerappan Street,
Sowcarpet, Chennai- 01 and morefully described in the schedule hereunder
by the third defendant;
d) Directing the first Defendant to repay the sum of Rs.51,30,000/-
(Rupees Fifty One Lakhs and Thirty Thousand only) paid towards the cost of
construction of the superstructure for the property situated at door no. 8/18
Veerappan Street, Sowcarpet, Chennai – 01 along with interest at the rate of
18 percent per annum for Rs.51,30,000/- from the date of the filing of the
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C.S. No.78 of 2018
plaint till the date of realisation.
e) directing the first defendant to pay damages of Rs. 50,00,000
(Rupees Fifty Lakhs only) to the plaintiff.
f) to pay the cost of the suit.
For Plaintiff : Ms.Vinu Pradha
For Defendants : Ms.R.Poornima for D1, D5 t o D7
Mr.A.K.Sriram for D2
D3 and D4 are set exparte.
JUDGMENT
When the matter is taken up today, the learned counsel for the plaintiff
filed a memo stating that the subject matter has been settled out of Court and
hence the suit may be dismissed as settled out of Court.
2. In view of the submission made by the learned counsel for the
plaintiff and the memo filed, the Civil Suit is dismissed as settled out of
Court. The plaintiff is entitled to refund of entire Court fee as per the
Judgment of the Hon'ble Supreme Court in “The High Court of Judicature
at Madras Vs. M.C.Subramanian and others” in S.L.P.Nos.3063 & 3064
of 2021 dated 17.02.2021. No costs. Connected applications are closed.
29.08.2023
bkn
https://www.mhc.tn.gov.in/judis
C.S. No.78 of 2018
R.N.MANJULA, J.,
bkn
C.S. No.78 of 2018
29.08.2023
https://www.mhc.tn.gov.in/judis
