Madras High Court
S.Rajabather (Deceased) vs / on 1 March, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
C.S. No.738 of 2002
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 01.03.2024
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.S. No.738 of 2002, A.Nos. 3070 to
3072 of 2022 and O.A. No.141 of 2006
1.S.Rajabather (deceased)
2.Aruna Srikanth
3.Shantha Rajabather .. Plaintiffs
(plaintiffs 2 and 3 are impleaded as legal heirs of the deceased sole
plaintiff as per order dated 10.12.2020 in A.No.2308 & 3031 of 2020)
/versus/
1.The Madras Purasawalkam Hindu
Janopakara Saswatha Nidhi Ltd.
rep. by its Commissioner
2.Sri Raj &Co.
3.R.Dinesh Kumar .. Defendants
(third defendant impleaded as per order dated
28.09.2021 in A.No.3415 of 2021)
Prayer: Civil Suit has been filed under Order IV, Rule 1 of the Original
Side Rules read with Order VII Rule 1 of Code of Civil Procedure to pass
a judgment and decree against the defendants:
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C.S. No.738 of 2002
a)declare that the one time settlement of Rs.150.00 lakhs dated
24.05.1999 by way of discharge as full and final settlement arrived
between the plaintiff and first defendant towards the loan amounts
advanced by the first defendant to plaintiff from 1993 to 1996 as valid
binding and enforceable between the parties;
b)granting consequential injunction restraining the first defendant
from bringing the suit schedule mentioned property for public auction;
c)granting mandatory injunction directing the first defendant to
accept the balance amount of Rs.100.00 lakhs from the plaintiff and
discharge the plaintiff from all liabilities or in the alternative
i)declaring that the loans advanced under the registered mortgages
stand discharged and directing the first defendant to work out their
remedy by way of properly laid account suit;
ii)permanent injunction restraining the first defendant from
bringing the suit schedule mentioned property for public auction by way
of private sale;
iii)directing the first defendant to return the registered mortgage
deeds executed in their favour by the plaintiff after cancelling the same;
iv)to what relief is the plaintiffs entitled.
For Plaintiffs : Mr.K.V.Manavalan
For defendants : Mr.M.Devaraj
JUDGMENT
The matter is listed under the caption 'for dismissal' today. Learned
counsel appearing for the plaintiffs is not ready to argue the matter today.
https://www.mhc.tn.gov.in/judis
Even on the last hearing date i.e. 09.02.2024, it was made clear that in
case the settlement fails, the matter will have to be heard today.
2.The settlement talks has got failed. The suit is of the year 2002.
It can now be inferred that the plaintiffs are not interested in prosecuting
the suit. Accordingly, this suit is dismissed for non prosecution.
Consequently, connected Applications are closed. No costs.
01.03.2024
vga
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE, J.
vga
C.S. No.738 of 2002, A.Nos. 3070 to
3072 of 2022 and O.A. No.141 of 2006
01.03.2024
https://www.mhc.tn.gov.in/judis
