K. Sundaram (Deceased) vs K.S. Gopalakrishnan
2023 Latest Caselaw 11556 Mad

                                                                1                   C.S.No.2092 of 1995

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 30.08.2023

                                                            CORAM

                                   THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN

                                                      C.S.No.2092 of 1995
                                                    and O.A.No.111 of 2005


                     1. K. Sundaram (Deceased)
                     2. S. Ravi,
                     3. S. Mahalakshimi                                                    ...Plaintiffs

                                                               .Vs.
                     1.K.S. Gopalakrishnan,
                     2. Kalyani Kutti Ammal                                             ... Defendants

                     (Plaintiffs 2 & 3 are brought on record as LRs of the deceased plaintiff as
                     per order dated 29.07.2022 in A.No.2691 of 2002 and subsequently, by
                     the order of the Master dated 26.08.2004 passed in A.No.3200 of 2004.)

                     Prayer:

                                  Plaint filed under Order VII Rule 1 of the CPC, 1908 read with

                     Order IV Rule 1 and Order 37 Rule 1 of the Original Side, 1957 praying

                     for a judgment and decree as follows:-

                                  a) Directing the first defendant to execute the Sale Deed relating to

                     the suit property free from encumbrance, in favour of the plaintiff as per


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                                                                2                    C.S.No.2092 of 1995

                     the agreement dated 31.12.1993 entered between the plaintiff and the 1st

                     defendant;

                                  b) In the event of failure of the 1st defendant to execute the sale
                     deed, as prayed Clause "a" supra, alternatively, directing this Hon'ble
                     Court to execute the sale in favour of the Plaintiff relating to the suit
                     property, free from all encumbrance;
                                  c) Directing the 2nd defendant to release the suit property from the
                     Mortgage, after receiving the mortgage amount from the 1st defendant;
                                  d)Directing the 1st defendant to deliver the vacant possession of
                     the land; and
                                  e) Directing the defendants to pay the cost of the suit:


                                        For Plaintiff                : Mr. S. Siva Shanmugam

                                        For Defendants         : No Appearance
                                                          ********
                                                        JUDGMENT

When the matter came up today for hearing, the learned counsel

for the plaintiffs seeks permission of this Court to withdraw the suit as

not pressed since the 1st plaintiff is no more and his legal heirs remain

untraceable. Accordingly, the learned counsel has made an endorsement

to that effect in the plaint.

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2. In view of the submissions and endorsement made by the

learned counsel for the plaintiffs in the plaint, the suit is dismissed as not

pressed. Consequently, connected application is closed if any. No costs.

30.08.2023

Note: The Court Fee shall be refunded as per Original side Rules.

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                     Speaking order

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A.A.NAKKIRAN.,J Lbm

C.S.No.2092 of 1995 and O.A.No.111 of 2005

30.08.2023

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