Dismissed

Vendanta Sasthra Prachara Trust v. Shriguru Chandrikananda Samithi

Madras HC25 Nov 2021A/4108/2021

Case brief

AI extract

What is this about?

This order disposed of an application for leave to institute a suit under Section 92 of the Civil Procedure Code. The applicant's counsel sought to withdraw the application with liberty to file proceedings later. The court dismissed the application as withdrawn, rejected the plaint, but granted liberty to file under Section 92 CPC.

What did the court decide?

Application dismissed as withdrawn; plaint rejected; Liberty granted to file proceedings under Section 92 of Civil Procedure Code.

Vendanta Sasthra Prachara Trust Vs Shriguru… — Contract and Commercial Disputes | Madras HC (2021)

¶1

A.No.4108 of 2021 in C.S.Dr.No.92078 of 2021

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

Dated: 25.11.2021

¶4

Coram:

¶5

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

¶6

A.No.4108 of 2021 in C.S.Dr.No.92078 of 2021

¶7

Vedanta Sasthra Prachara Trust, Rep by its Executive Trustee Mr.P.R.Parasuraman, Sri Swami Chidbhavananda Ashram, Post Box No.23, Vedapuri, Chatrpatti Road, Theni District – 625 531 .. Applicant / Plaintiff

¶8

Vs.

¶9

Shriguru Chandrikananda Samithi, Rep. by the Chairman and the Managing Trustee Dr.K.Venkatesan, E-Block, 3 A Raintree Apartments, No.21, 2^nd Cross Street, Venus Colony, Alwarpet, Chennai 600 018 .. Respondent/defendant * * *

¶10

Prayer in A.No.4108 of 2021: Application filed under Order XIV Rule 8 of O.S.Rules read with Section 92 of C.P.C to grant leave to institute the present suit under Section 92 of C.P.C.

¶11

Prayer in C.S.Dr.No.92078 of 2021: Plaint under Section 92 of C.P.C read with Order VII Rule 1 of C.P.C and Order IV Rule 1 of O.S.Rules praying to pass a judgment and Decree:

¶12

https://www.mhc.tn.gov.in/judis Page 1/4

¶13

¶14

A.No.4108 of 2021 in C.S.Dr.No.92078 of 2021

¶15

a) Permitting the plaintiff to sell the property being Old No.07, New No.13, Karpagam Garden 1^st Main Road, Adyar, Chennai 600 020, of an extent of 3600 sq.ft. (consisting of Stilt plus two floors with built up area about 5500 sq.ft. or thereabouts) more clearly described in the schedule hereunder, in favour of the defendant for a total sale consideration of Rs.8.55 crores and in terms of the sanction letter dated 22.02.2021.

¶16

¶17

For applicant/plaintiff : Mr.V.Kuberan for M/s.Rank Associates

¶18

ORDER

¶19

Learned counsel for the applicant has made an endorsement seeking permission of this Court to withdraw this application. However, he has sought for liberty to file proceedings under Section 92 of Civil Procedure Code.

¶20

The statement made by the learned counsel for the applicant is recorded.

¶21

Accordingly, A.No.4108 of 2021 is dismissed as withdrawn.

¶22

Consequently, the un-numbered Civil Suit is rejected. However, liberty is granted to the applicant to file proceedings under Section 92 of Civil

¶23

https://www.mhc.tn.gov.in/judis Page 2/4

¶24

A.No.4108 of 2021 in C.S.Dr.No.92078 of 2021

¶25

Procedure Code in accordance with law. No costs.

¶26

25.11.2021

¶27

Index : Yes/No Internet : Yes/No srn

¶28

https://www.mhc.tn.gov.in/judis Page 3/4

¶29

A.No.4108 of 2021 in C.S.Dr.No.92078 of 2021

¶30

ABDUL QUDDHOSE, J.

¶31

srn

¶32

A.No.4108 of 2021 in C.S.Dr.No.92078 of 2021

¶33

25.11.2021

¶34

https://www.mhc.tn.gov.in/judis Page 4/4

Vendanta Sasthra Prachara Trust v. Shriguru Chandrikananda Samithi

Case brief

What is this about?

What did the court decide?

Vendanta Sasthra Prachara Trust v. Shriguru Chandrikananda Samithi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

S.v.Rangaiah Chettiar (Decd) Vs 1.R.CHIKRAJ

Anojan Balasundaram Vs Tammy Dushiyanthy

Md.Istiag Vs Shaik Azeem

S.M.Prema (Died) and 5 others Vs Nil

Will of M.Veerakannu Vs Kasthuri

P.Saroja Vs M/s.P.Soniya Marry