Settlement suit for partition dismissed. Plaintiffs claimed to withdraw the suit as the dispute was amicably settled out of court. The High Court dismissed the suit with refund of court fee.
Suit dismissed. Court fee refunded less commission. No costs.
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C.S.NO.273 Of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.01.2021
CORAM:
THE HON`BLE MR.JUSTICE R.PONGIAPPAN
C.S.No.273 of 2016
1.S.Premavathy
2.S.Jayalakshmi ... Plaintiffs
Vs
1.S.Kothai Nayaki
2.S.Sekar
3.S.Kumar ... Defendants
PRAYER: Civil suit filed praying for judgment and decree against the defendants as follows:-
(i)For Partition directing the defendants 1 to 3 herein to effect partition by directing the defendants herein to divide the suit properties comprised in Item Nos.1 to 6 more fully described in the schedule hereunder, by metes and bounds into five equal shares and to allot 2/5th share to the plaintiffs herein.
(ii)To grant permanent injunction restraining the defendants 1 to 3 and their men, agents, servants or any other persons claiming under or through them from encumbering alienating the suit schedule properties comprised Item Nos.1 to 6 more fully described in the schedule hereunder to any other person by way of sale or mortgage or in whatsoever manner without the consent or knowledge of the plaintiff herein.
(iii)Cost of suit.
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C.S.NO.273 Of 2016
For Plaintiffs : Mr.M.V.Krishnan For D1 : No appearance For D2 & D3 : Mr.M.Balasubramanian
J U D G M E N T
Today, when the suit is taken up for hearing, both the Advocates
appearing on either side are appeared in video conference.
2.The learned counsel appearing for the plaintiffs would submit that the dispute pending between the plaintiffs and defendants has been amicably settled in out of Court. Hence, the plaintiffs are intended to withdraw this suit.
3.Hence, in view of the same, this suit is dismissed as settled out of
Court. Refund the Court Fee less commission. No cost.
19.01.2021
Index : Yes/No Internet : Yes/No
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C.S.NO.273 Of 2016
R.PONGIAPPAN, J.
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C.S.No.273 of 2016
19.01.2021
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S. Premavathy
S. Jayalakshmi
S. Kothai Nayaki
S. Sekar
S. Kumar
R. Pongiappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
