Madras High Court
Geetha Malleswari @ Geetha Anand vs K.Venkata Subamma on 2 January, 2024
Author: N. Sathish Kumar
Bench: N.Sathish Kumar
C.S.Nos.315 & 353 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 02.01.2024
CORAM
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
C.S.Nos.315 & 353 of 2021
and O.A.Nos. 785, 652 & 651 of 2021
Geetha Malleswari @ Geetha Anand
.. Plaintiff in C.S.No.353 of 2021
Udaya Karthi.K .. Plaintiff in C.S.No.353 of 2021
Versus
1.K.Venkata Subamma
2.K.V.Subba Rao .. Defendants in both suits
Prayer in C.S.No.315 of 2021: Plaint filed under Order IV Rule 1 of the
Original Side Rules read with Order VII Rule 1 of the Code of Civil
Procedure, to pass a judgment and decree to :
a) declaration that the 1st defendant has no right to execute any
document so as to create any charge, encumbrance or lien of any
nature on the schedule property as clause 'a' of the Settlement Deed
dated 12.06.2013 registered before the SRO, Thiyagaraya Nagar as
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https://www.mhc.tn.gov.in/judis
C.S.Nos.315 & 353 of 2021
document No. 1424 of 2013 is bad and non-est in law and not binding
on the plaintiff herein;
b) permanent injunction restraining the 1st defendant from in any manner
interfering with the title and disturbing the plaintiff's peaceful
possession and enjoyment of the schedule property as his residence
subject to the right of peaceful co-existence vested with the 1st
defendant in view of the life interest reserved for the 1st defendant
under the Settlement Deed dated 12.06.2013 registered before the
SRO, Thiyagaraya Nagar as Doc.No.1424/2013 and;
c) permanent injunction restraining the 2nd defendant, his men, agents
and representatives from in any manner whatsoever, entering into the
schedule property or interfering with the peaceful possession,
enjoyment and title of the schedule property by the plaintiff at any
time.
d) to direct the defendants to pay costs of this suit.
Prayer in C.S.No.353 of 2021: Plaint filed under Order IV Rule 1 of the
Original Side Rules read with Order VII Rule 1 of the Code of Civil
Procedure, to pass a judgment and decree to :
a. declaration that the 1st defendant has no right to execute any
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https://www.mhc.tn.gov.in/judis
C.S.Nos.315 & 353 of 2021
document so as to create any charge, encumbrance or lien of any
nature on the schedule property as clause 'a' of the Settlement Deed
dated 12.06.2013 registered before the SRO, Thiyagaraya Nagar as
document No. 1423 of 2013 is bad and non-est in law and not binding
on the plaintiff herein;
b. permanent injunction restraining the 1st defendant from in any
manner interfering with the title and disturbing the plaintiff's peaceful
possession and enjoyment of the schedule property as his residence
subject to the right of peaceful co-existence vested with the 1st
defendant in view of the life interest reserved for the 1st defendant
under the Settlement Deed dated 12.06.2013 registered as
Doc.No.1423/2013, SRO, Thiyagaraya Nagar and;
c. permanent injunction restraining the 2nd defendant, his men, agents
and representatives from in any manner whatsoever, entering into the
schedule property or interfering with the peaceful possession,
enjoyment and title of the schedule property by the plaintiff at any
time.
d. to direct the defendants to pay costs of this suit
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https://www.mhc.tn.gov.in/judis
C.S.Nos.315 & 353 of 2021
In both suits
For Plaintiffs : Mr.M.L.Joesph
for M/s.Chennai Law Associates
For Defendants : Mr.A.Ganesan
COMMON JUDGMENT
The learned counsel for the plaintiffs seeks permission of this
Court to withdraw these Civil Suits and he has also made endorsements to
that effect.
2. In view of the submission of the learned counsel for the
plaintiffs and the endorsements so made, these Civil Suits are dismissed as
withdrawn. No costs. Consequently, connected applications stands closed.
02.01.2024
dhk
Internet : Yes
Index : Yes / No
Speaking order / Non Speaking order
https://www.mhc.tn.gov.in/judis
C.S.Nos.315 & 353 of 2021
N. SATHISH KUMAR, J.
dhk
C.S.Nos.315 & 353 of 2021
and O.A.Nos. 785, 652 & 651 of 2021
02.01.2024
https://www.mhc.tn.gov.in/judis
