A suit for declaration of title over schedule property and injunction was settled out of court by joint memo; the court recorded the settlement and dismissed the suit as withdrawn with refund of court fee.
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.No.60 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2024
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.S.No.60 of 2023
and
A.Nos.4165, 4166 & 4320 of 2023 and
O.A.Nos.239 & 240 of 2023
RMC Travellers INN Pvt. Ltd., Represented by its Director M.Health Tito, Residing at No.501-A RMC House, Nalco Colony, North Street, Kottivakkam, Chennai 41. ... Plaintiff
Vs.
1.Mohamed Saleem Son of Azis Residing at No.36/82 Poes Garden, Chennai 600 086
2.Ramasamy Late R.Subramnia Vathiyar Residing at No.5/3 Radhakrishnan Nagar Main Road Thiruvanmiyur, Chennai 600 041
3.Umayal Achi S.R.M.S.Narayanan Chettiar Residing at No.6/10 Leith Castle Center Street
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Santhome, Raja Annamalaipuram, Chennai 600 028
4.Umayal Veerappan
@ Veerappan Umayal @ Uma Veerappan Wife of Late AR.Veerappan Residing at No.239/1G New Natham Road, Narayanapuram Madurai 625 014
5.Veerappan Arunachalam Son of Late AR.Veerappan Residing at Old No.12, New No.29 Bishop Garden, R.A.Puram Chennai 600 028
6.Veerappan Manickavasagam Son of Late AR.Veerappan Residing at No.239/G New Natham Road, Narayanapuram Madurai 625 014
7.Meenakshi Veerappan @ Meenakshi D/o.Late AR.Veerappan Residing at No.1, River Court 902, Jersey City, NJ 0731, USA
Represented by her power agent Veerappan Arunachalam Son of Late AR.Veerappan Residing at Old No.12, New No.29 Bishop Garden, R.A.Puram Chennai 600 028
8.AR.Arunachalam
Son of Late VT.VR.Arunachalam Chettiar Residing at Y-83, 4th Street, Anna Nagar
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Chennai 600 040
9.AR.Subbiah
Son of Late VT.VR.Arunachalam Chettiar Residing at No.H-2016, 5th Street 12th Main Road, Anna Nagar Chennai 600 040
Represented by his power agent AR.Arunachalam Son of Late VT.VR.Arunachalam Chettiar Residing at Y-83, 4th Street, Anna Nagar Chennai 600 040
10.AR.Thenappan Son of Late VT.VR.Arunachalam Chettiar Residing at Old No.72, New No.24, V-Block Plot No.4024, 10th Street, Anna Nagar Chennai 600 040
11.AR.Lakshman
Son of Late VT.VR.Arunachalam Chettiar Residing at No.H-2016, 5th Street 12th Main Road, Anna Nagar Chennai 600 040
12.Rathna Sabesan Wife of Late Sabesan Residing at No.6/30, 2nd Street East Abhiramapuram, Mylapore, Chennai 600 004
13.Dr.Sparamswaran @ Aiyappan Sabesan Son of Late Sabesan, Residing at No.6/30, 2nd Street East Abhiramapuram, Mylapore, Chennai 600 004
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14.Dr.S.Pryadhashini Residing at NO.499, Crestwood Dr.London Ortario, Canada N6K2Y1
Represented by her power agent Rathna Sabesan Wife of Late Sabeesan Residing at No.6/30, 2nd Street East Abhiramapuram, Mylapore, Chennai 600 004
15.The District Collector Chennai District, Chennai Collector's Office Chennai 600 001
16.The Revenue Divisional Officer South Chennai Division, Guindy Chennai 600 042
17.The Tahsildar Velacherry Taluk, Chennai 600 042.
... Defendants
Prayer: Plaint filed under Order IV Rule 1 of Original side Rules read with
Order VII Rule 1 of CPC (a) for declaration of Plaintiff's right, title and interest over the suit schedule property and for consequential permanent injunction restraining the Defendants 1 & 2, their men, agent or agents or any person or
person's claiming through them from and in any manner interfering with the
Plaintiff's peaceful possession and enjoyment of the Suit schedule property.
(b) For a permanent injunction restraining the Defendants 1 & 2 or anyone
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claiming under them from fabricating and registering fraudulent documents of encumbrance in respect of the Suit schedule property owned and possessed by the Plaintiff.
For Plaintiff : Mr.A.Vivek For Defendants : Mr.B.Harikrishnan (for D1, D2, D12, D13, D14) Mr.E.Hariharan (for D3) Mr.R.Ganesh Kanna (for D4 to D7) Mr.GRM Palaniappan (for D8) Mr.T.V.Sekar (for D11) Dr.S.Suriya (for D15, D16 & D17) Additional Government Pleader
JUDGMENT
When the matter is taken up, learned counsel for the Plaintiff seeks leave of this Court to withdraw this Petition. He has also made an endorsement to that effect. Learned counsel for the Plaintiff and the learned counsel for the first Defendant filed a joint memo dated 15.07.2024, seeking dismissal of this Suit as settled out of Court. The said joint memo dated 15.072024 is hereby recorded.
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2.In view of the submissions and endorsement made by the learned counsel for the Plaintiff and the joint memo dated 15.07.2024 filed by the learned counsel for the Plaintiff and the learned counsel for the first Defendant, this Suit is dismissed as withdrawn and court fee shall be refunded as per rules. Consequently, connected Applications are closed.
05.08.2024
Index : Yes/No Neutral citation : Yes/No Speaking Order/Non-Speaking Order
sai
C.S.No.60 of 2023
RMT.TEEKAA RAMAN.J,
sai
C.S.No.60 of 2023 and A.Nos.4165, 4166 & 4320 of 2023 and O.A.Nos.239 & 240 of 2023
Dated: 05.08.2024
2 provisions across 2 enactments
RMC Travellers INN Pvt. Ltd., represented by its Director M.Health Tito
Mohamed Saleem
Ramasamy
Umayal Achi
The District Collector, Chennai District
RMT.Teekaa Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
