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Mr.M.Ganesh Kumar vs Mr.G.Sathish Das
2023 Latest Caselaw 14430 Mad

Citation : 2023 Latest Caselaw 14430 Mad
Judgement Date : 21 November, 2023

Madras High Court

Mr.M.Ganesh Kumar vs Mr.G.Sathish Das on 21 November, 2023

Author: N.Sathish Kumar

Bench: N.Sathish Kumar

                                                                            C.S.Nos.166 of 2021 & 28 of 2022

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       Dated : 21.11.2023

                                                            CORAM

                                     THE HON`BLE MR.JUSTICE N.SATHISH KUMAR

                                               C.S.Nos.166 of 2021 & 28 of 2022



                     C.S.No.166 of 2021
                     Mr.M.Ganesh Kumar                                             ... Plaintiff

                                                                Vs

                     1. Mr.G.Sathish Das
                     2. Mr.G.Sandeep Das                                           ... Defendants

                                  Civil Suit filed under Order IV Rule 1 of the High Court O.S. Rules

                     1956 read with Order VII Rule 1 of Civil Procedure Code, 1908 for the

                     following decree and judgment :

                                  1] that the plaintiff is the owner of the suit property more fully

                     described in the schedule hereunder and consequently to declare that the

                     settlement deed in favour of the defendants in document number 1624 of

                     2012 dated 25.04.2012 on the file of SRO, Purasawalkkam, is null and void;
                     1/5




https://www.mhc.tn.gov.in/judis
                                                                                  C.S.Nos.166 of 2021 & 28 of 2022

                                  2] to direct the defendants herein to hand over vacant and peaceful

                     possession of the suit property within the tim frame fixed by this court;

                                  3] Costs of the suit

                     C.S.No.28 of 2022

                     1. Mr.G.Sathish Dass
                     2. Mr.G.Santheep Dass                                               ... Plaintiffs

                                                                    Vs
                     1. Mrs.Shantha Bai
                     2. Mr.M.Ganesh Kumar                                               ... Defendants

                                  Civil Suit filed under Order IV Rule 1 of the High Court O.S. Rules

                     1956 read with Order VII Rule 1 of Civil Procedure Code, 1908 for the

                     following decree and judgment :

                                  a] To declare that the sale deed dated 22.07.2013 in Document

                     No.3035/13 Registered at Sub Registrar Office Purasawalkam as null and

                     and avoid and not binding on plaintiffs.

                                  b] Permanent Injunction restraining the defendants from interfering

                     with plaintiffs' possession in the suit property.

                                  c] to direct the defendants to pay the cost of the suit to the plaintiff.

                     2/5




https://www.mhc.tn.gov.in/judis
                                                                             C.S.Nos.166 of 2021 & 28 of 2022

                                              For Plaintiffs    :Mr.G.Surya Narayanan
                                                                 for plaintiff in C.S.No.166 of 2021
                                                                 & Defendants in C.S.No.28 of 2022

                                              For defendants    :Mr.K.Balaji
                                                                    for defendants in C.C.No.166 of
                     2021
                                                                 & plaintiffs in C.C.No.28 of 2022


                                                    COMMON JUDGMENT


The suit in C.S.No.166 of 2021 has been filed for a declaration that

that the plaintiff is the owner of the suit property more fully described in the

schedule hereunder and consequently to declare that the settlement deed in

favour of the defendants in document number 1624 of 2012 dated

25.04.2012 on the file of SRO, Purasawalkkam, is null and void, to direct

the defendants herein to hand over vacant and peaceful possession of the

suit property within the tim frame fixed by this court and for costs.

2. The suit in C.S.No.28 of 2022 has been filed to declare that the

sale deed dated 22.07.2013 in Document No.3035/13 Registered at Sub

Registrar Office Purasawalkam as null and avoid and not binding on the

https://www.mhc.tn.gov.in/judis C.S.Nos.166 of 2021 & 28 of 2022

plaintiffs, for permanent injunction restraining the defendants from

interfering with plaintiffs' possession in the suit property and for costs.

3. When the matter is taken up today, the learned counsel for the

plaintiff submitted that the matter has been amicably settled between the

parties and also filed a memo stating that the dispute between the parties has

been settled out of Court. Hence, submitted that the suit may be dismissed

as settled out of Court.

4. Accordingly, these suit are dismissed as settled out of Court and

the registry is directed to refund the Court Fee as per Law to the respective

plaintiffs. No costs.



                                                                                            21.11.2023
                     vrc


                     Index : Yes/No
                     Internet    : Yes/No
                     Speaking/Non-Speaking Order








https://www.mhc.tn.gov.in/judis
                                           C.S.Nos.166 of 2021 & 28 of 2022

                                         N.SATHISH KUMAR, J.

                                                                       vrc




                                  C.S.Nos.166 of 2021 & 28 of 2022




                                                            21.11.2023









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

 
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