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Rmc Travellers Inn Pvt. Ltd vs Mohamed Saleem
2024 Latest Caselaw 15095 Mad

Citation : 2024 Latest Caselaw 15095 Mad
Judgement Date : 5 August, 2024

Madras High Court

Rmc Travellers Inn Pvt. Ltd vs Mohamed Saleem on 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
https://www.mhc.tn.gov.in/judis
                                                            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
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                                                                                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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