Citation : 2024 Latest Caselaw 15095 Mad
Judgement Date : 5 August, 2024
C.S.No.60 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2024
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.S.No.60 of 2023
and
A.Nos.4165, 4166 & 4320 of 2023
and
O.A.Nos.239 & 240 of 2023
RMC Travellers INN Pvt. Ltd.,
Represented by its Director
M.Health Tito, Residing at No.501-A
RMC House, Nalco Colony,
North Street, Kottivakkam,
Chennai 41. ... Plaintiff
Vs.
1.Mohamed Saleem
Son of Azis
Residing at No.36/82
Poes Garden, Chennai 600 086
2.Ramasamy
Late R.Subramnia Vathiyar
Residing at No.5/3
Radhakrishnan Nagar Main Road
Thiruvanmiyur, Chennai 600 041
3.Umayal Achi
S.R.M.S.Narayanan Chettiar
Residing at No.6/10
Leith Castle Center Street
1/7
https://www.mhc.tn.gov.in/judis
C.S.No.60 of 2023
Santhome, Raja Annamalaipuram,
Chennai 600 028
4.Umayal Veerappan
@ Veerappan Umayal @ Uma Veerappan
Wife of Late AR.Veerappan
Residing at No.239/1G
New Natham Road, Narayanapuram
Madurai 625 014
5.Veerappan Arunachalam
Son of Late AR.Veerappan
Residing at Old No.12, New No.29
Bishop Garden, R.A.Puram
Chennai 600 028
6.Veerappan Manickavasagam
Son of Late AR.Veerappan
Residing at No.239/G
New Natham Road, Narayanapuram
Madurai 625 014
7.Meenakshi Veerappan @ Meenakshi
D/o.Late AR.Veerappan
Residing at No.1, River Court
902, Jersey City, NJ 0731, USA
Represented by her power agent
Veerappan Arunachalam
Son of Late AR.Veerappan
Residing at Old No.12, New No.29
Bishop Garden, R.A.Puram
Chennai 600 028
8.AR.Arunachalam
Son of Late VT.VR.Arunachalam Chettiar
Residing at Y-83, 4th Street, Anna Nagar
2/7
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C.S.No.60 of 2023
Chennai 600 040
9.AR.Subbiah
Son of Late VT.VR.Arunachalam Chettiar
Residing at No.H-2016, 5th Street
12th Main Road, Anna Nagar
Chennai 600 040
Represented by his power agent
AR.Arunachalam
Son of Late VT.VR.Arunachalam Chettiar
Residing at Y-83, 4th Street, Anna Nagar
Chennai 600 040
10.AR.Thenappan
Son of Late VT.VR.Arunachalam Chettiar
Residing at Old No.72, New No.24, V-Block
Plot No.4024, 10th Street, Anna Nagar
Chennai 600 040
11.AR.Lakshman
Son of Late VT.VR.Arunachalam Chettiar
Residing at No.H-2016, 5th Street
12th Main Road, Anna Nagar
Chennai 600 040
12.Rathna Sabesan
Wife of Late Sabesan
Residing at No.6/30, 2nd Street
East Abhiramapuram,
Mylapore, Chennai 600 004
13.Dr.Sparamswaran @ Aiyappan Sabesan
Son of Late Sabesan,
Residing at No.6/30, 2nd Street
East Abhiramapuram,
Mylapore, Chennai 600 004
3/7
https://www.mhc.tn.gov.in/judis
C.S.No.60 of 2023
14.Dr.S.Pryadhashini
Residing at NO.499, Crestwood
Dr.London Ortario, Canada N6K2Y1
Represented by her power agent
Rathna Sabesan
Wife of Late Sabeesan
Residing at No.6/30, 2nd Street
East Abhiramapuram,
Mylapore, Chennai 600 004
15.The District Collector
Chennai District, Chennai Collector's Office
Chennai 600 001
16.The Revenue Divisional Officer
South Chennai Division, Guindy
Chennai 600 042
17.The Tahsildar
Velacherry Taluk, Chennai 600 042. ... Defendants
Prayer: Plaint filed under Order IV Rule 1 of Original side Rules read with
Order VII Rule 1 of CPC (a) for declaration of Plaintiff's right, title and interest
over the suit schedule property and for consequential permanent injunction
restraining the Defendants 1 & 2, their men, agent or agents or any person or
person's claiming through them from and in any manner interfering with the
Plaintiff's peaceful possession and enjoyment of the Suit schedule property.
(b) For a permanent injunction restraining the Defendants 1 & 2 or anyone
4/7
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C.S.No.60 of 2023
claiming under them from fabricating and registering fraudulent documents of
encumbrance in respect of the Suit schedule property owned and possessed by
the Plaintiff.
For Plaintiff : Mr.A.Vivek
For Defendants : Mr.B.Harikrishnan
(for D1, D2, D12, D13, D14)
Mr.E.Hariharan (for D3)
Mr.R.Ganesh Kanna (for D4 to D7)
Mr.GRM Palaniappan (for D8)
Mr.T.V.Sekar (for D11)
Dr.S.Suriya (for D15, D16 & D17)
Additional Government Pleader
JUDGMENT
When the matter is taken up, learned counsel for the Plaintiff seeks leave
of this Court to withdraw this Petition. He has also made an endorsement to
that effect. Learned counsel for the Plaintiff and the learned counsel for the first
Defendant filed a joint memo dated 15.07.2024, seeking dismissal of this Suit
as settled out of Court. The said joint memo dated 15.072024 is hereby
recorded.
https://www.mhc.tn.gov.in/judis
2.In view of the submissions and endorsement made by the learned
counsel for the Plaintiff and the joint memo dated 15.07.2024 filed by the
learned counsel for the Plaintiff and the learned counsel for the first Defendant,
this Suit is dismissed as withdrawn and court fee shall be refunded as per rules.
Consequently, connected Applications are closed.
05.08.2024
Index : Yes/No
Neutral citation : Yes/No
Speaking Order/Non-Speaking Order
sai
https://www.mhc.tn.gov.in/judis
RMT.TEEKAA RAMAN.J,
sai
and A.Nos.4165, 4166 & 4320 of 2023 and O.A.Nos.239 & 240 of 2023
Dated: 05.08.2024
https://www.mhc.tn.gov.in/judis
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