The High Court of Madras allowed withdrawal with dismissal of two civil suits (C.S.Nos. 361 & 362 of 2007) instituted by plaintiffs against respondents concerning property partition and declarations, as the parties amicably settled the matters out of court.
Civil suits dismissed as settled out of court. Court fee refunded to plaintiffs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.S.Nos.361 & 362 of 2007
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2019
CORAM
THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA
C.S.Nos.361 & 362 of 2007
C.S.No.361 of 2007
A.N.Shameel Ahmed ... Plaintiff
Vs.
1.Afuthunnissa Begum
2.Shakeela Banu
3.Shahina Banu
4.Shabana Banu
5.Tabrez Habeeb
6.Afia Mariam, Minor
Rep.by father and guardian
V.Sayeed Ahmed
7.Ms.Tooba Aysha, Minor,
Rep.by father and guardian
M.Abul Hassan ... Defendants
Prayer in C.S.No.361 of 2007 : Plaint under Order IV Rules 1 and 2 of Original Side Rules read with Order VII Rules 1 and 2 of C.P.C. Rules praying for a judgment and decree against the defendants.
a) For a partition of the suit properties belonging to the Estate of Mr.A.S.Nisar Ahmed Saheb as described in Schedules 'A' to 'H' by metes and bounds between the plaintiff and the defendants 1 to 4 as
1/6
C.S.Nos.361 & 362 of 2007
per Islamic Shariat Law and allotting 14/40 as plaintiff's share,
b) For a consequential relief of permanent injunction restraining the defendants and or their agents/servants/attorneys or anybody claiming under them from in any manner dealing or transferring or interferring or creating any encumbrance relating to the respective properties set out in the Schedule “A”to “H” hereunder until partition of the same and allotment of the plaintiff''s share,
c) For a declaration that the Hiba declaration dated 25.10.1998 and the Settlement Deed dated 29.4.2002 registered as document No.811/2002, on the file of the SRO, Periamet and consequential Rectification Deed dated 10.07.2002, registered as document No.1346 of 2002, on the file of the SRO, Periamet, relating to the property at New No.4, Old No.5, Murari Avenue, Landons Road, Kilpauk, Chennai – 10 morefully described in the Schedule “A” hereunder as sharm and nominal and void ab initio and not binding on the plaintiff.
d) For a declaration that the Hiba/settlement deed bearing document No.2380/2003 dated 17.9.2003 on the file of the SRO Ambur relating to the property being the factory at Somalapuram Village, Ambur, more particularly described in the Schedule “B” hereunder as sham and nominal and void ab initio and not binding on the plaintiff.
e) To appoint an Advocate Commissioner to divide the Schedule “A” to “H” mentioned properties by metes and bounds and allot the plaintiff's 14/40 share.
f) For costs of the suit
2/6
C.S.Nos.361 & 362 of 2007
For Plaintiff
: Mr.Hussain Afroze
For Defendants 1 & 5 : Mr.K.Harishankar
For Defendants 2 to 4, 6 & 7 : Mr.P.Valliappan
C.S.No.362 of 2007
1.A.S.Nisar Ahmed & Co, Ltd.,
Rep. by its Managing Director,
Mr.A.N.Shameel Ahmed
2.A.N.Shameel Ahmed .... Plaintiffs
Vs
1.Afuthunnissa Begum
2.Tabrez Habeeb .... Defendants
Prayer in C.S.No.362 of 2007
Plaint under Order IV of the Original Side Rules and Order VII Rules 1 and 2 of C.P.C. to pass a decree and judgment.
a) for a declaration that the superstructure at Door No.26, Landons Road, Kilpauk, Chennai – 600 010 more fully described in the suit schedule belongs to the First plaintiff;
b) for a declaration that the Hiba declaration dated 25.10.1998 and settlement deed dated 29.4.2002 registered as document No.809/2002 on the file of the SRO, Periamet and the Rectification Deed dated 10.7.2002 registered as document No.1347/2002 on the
3/6
C.S.Nos.361 & 362 of 2007
file of the SRO, Periamet relating to the superstructure at Door No.26, Landons Road, Kilpauk, Chennai – 600 010 more fully described in the suit Schedule is sham and nominal and void abinitio and not binding on the plaintiffs.
c) for a permanent injunction restraining the defendants, their agents/servants/men or any other person, claiming through them from dealing or alienating or transferring any right, title or interest by way of sale, lease, mortgage or lien relating to the super structure existing at premises No.26, Landons Road, Kilpauk, Chennai – 600 010 more fully described in the Schedule hereunder.
d) for a permanent injunction restraining the defendants or their agents, representatives or assignees from collecting any rent or fee for the super structure existing at premises No.26, Landons Road, Kilpauk, Chennai – 600 010 in the lands more fully described in the Schedule hereunder;
For Defendants 1 & 5 : Mr.K.Harishankar
For Defendants 2 to 4, 6 & 7 : Mr.P.Valliappan
When the matters are taken up for hearing today, the learned counsel for the plaintiffs submits that the matters have been 4/6
C.S.Nos.361 & 362 of 2007
amicably settled between the parties out of Court and he seeks permission of this Court to withdraw the suits. He has also made the following endorsements in the Court bundles:-
"May be permitted to withdraw as
the matter settled out of Court.
Pray for refund of half Court fee".
2. In view of the endorsements made by the learned counsel
for the plaintiffs, the Civil Suits are dismissed as settled out of Court.
No costs. The Registry is directed to refund the Court fee to the
plaintiffs as per rules.
01.08.2019
srn
5/6
C.S.Nos.361 & 362 of 2007
PUSHPA SATHYANARAYANA.J
srn
C.S.Nos.361 & 362 of 2007
01.08.2019
6/6
A.N.Shameel Ahmed
Afuthunnissa Begum
A.S.Nisar Ahmed & Co, Ltd.
PUSHPA SATHYANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
