The plaintiff filed a suit for declaration of title. Upon their application to withdraw the suit with liberty to file a fresh suit if a review application succeeds, the court dismissed the suit as withdrawn and closed related proceedings without costs.
Suit dismissed as withdrawn; connected appeals closed; no costs.
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C.S.No.609 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.12.2022
CORAM:
THE HONOURABLE Mr. JUSTICE S.SOUNTHAR
C.S.No.609 of 2017 in A.No.183 of 2020 and O.A.No.755 of 2017
S.AR.Somasundaram ...Plaintiff Vs. 1.K.Jamaldeen 2.J.C.Shameem Cassim 3.M.A.Ashraf Ali 4.M.A.Mohamed Yousuf 5.M.A.Naseer Ali 6.M.S.Thamimul Ansari 7.M.M.Mohamed Payazudeen 8.M.A.Abubacker Siddique 9.K.A.Najumunissha Begum 10.D.A.Praveen Banu 11.J.Anver Salman 12.Globus Stores Private Limited, Rep. By its Managing director, Mr.S.C.M.Jamaldeen, No.36, LB Road, Adyar, Chennai-600 020. ...Defendants
C.S.No.609 of 2017
PRAYER: This Civil Suit is filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of CPC praying to pass the judgment and decree:-
a) For declaration declaring that the plaintiff is the sole and absolute owner of the property, comprised in T.S.No.2/9, Block No.22, Urur Village, Mylapore-Triplicane Taluk more fully described in the Schedule to the Plaint from the Defendants 1 to 12;
b) Permanent Injunction restraining the Defendants, their men, agent, servant etc. from in any manner alienating the property more fully described in the Schedule to the plaint;
c) Direct the defendants to pay the cost of the suit;
d) Grant such further or other relief or reliefs as this Court may deem fit and proper necessary in the circumstances of the case.
For Plaintiff : M/s.P.Dinesh Kumar For Defendants : M/s.M.Ajmal Azzath
ORDER
When the matter is taken up for consideration today, the plaintiff in
the suit filed an affidavit dated 20.04.2022 seeking leave of this Court to withdraw the suit with liberty to file a fresh suit in the same cause of action in event of his success in Review Application No.97 of 2021.
C.S.No.609 of 2017
event of his success in the review application No.97 of 2021 liberty may be given to the plaintiff to file a fresh suit on same cause of action. In the opinion of this Court, the said liberty is not at all necessary, if review
S.SOUNTHAR, J.
jai
C.S.No.609 of 2017
application No.97 of 2021 is allowed by this Court in favour of the plaintiff, the sale deeds which have been declared as non-est in the eye of law would become revived. It gives a fresh cause of action for the plaintiff to sue based on revived sale deeds. Therefore, in such case, it is always open to the plaintiff to file a fresh suit for the same relief on the basis of the said two sale deeds. In these circumstances the suit is dismissed as withdrawn. Consequently A.No.183 of 2020 and O.A.No.755 of 2017 are closed. No costs.
08.12.2022
jai Index:Yes/No Speaking Order: Yes/No
C.S.No.609 of 2017
08.12.2022
1 issue framed by the court
Whether the suit should be dismissed as withdrawn upon the plaintiff seeking leave to withdraw with liberty to file a fresh suit contingent on a review application.
S.Ar.Somasundaram
K.Jamaldeen
J.C.Shameem Cassim
M.A.Ashraf Ali
M.A.Mohamed Yousuf
M.A.Naseer Ali
S.Sourndhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
