In a suit for partition and declaration filed by Anuradha Sarin against four respondents, the plaintiff sought permission to withdraw the suit. The court dismissed the suit as withdrawn, noting a surviving counter claim against which the matter was posted.
Suit dismissed as withdrawn; matter posted for counter claim hearing.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE P.B.BALAJI
C.S.No.624 of 2014
Anuradha Sarin
....Plaintiff
Vs.
1.Madan Suri
2.Jagan Suri
3.Mridula Gettu
4.The Bank of India, having its Branch at No.172, Luz Church Road, Mylapore P.O, Box 643, Chennai, represented by its Branch Manager and its Zonal Office at Bank of India, Star House No.30, Old No.17, Second Floor, Errabalu Street, Chennai – 600 001 and its Head Office at Star House, C-5, G Block, Bandra Kurla Complex, Bandra (East), Mumbai 400 051 Represented by its Chairman and Managing Director. ...Defendants
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PRAYER:
PRAYER: Plaint filed under Order IV Rule 1 of the O.S.Rules read with Order VII Rule 1 of C.P.C, praying to pass judgment and decree on the following terms:
a) To partition the suit property to the extent of the share of the plaintiff being 1/4th share in the suit schedule property and to effect partition by metes and bounds;
b) To declare that the sale deed dated 14.11.2013 executed by the defendant No.1 in favour of the defendant No.4 as being null and void, not binding on the plaintiff;
c) To grant costs.
For Plaintiff : Mr.Adeesh Anto
For Defendants For D1 : Mr.P.J.George For D2 & D3 : No appearance For D4 : S.Vasudevan
J U D G M E N T
The learned counsel for the plaintiff has made an endorsement
seeking permission of this Court to withdraw the suit. However, since
there is a counter claim which will survive dehors the withdrawal of the
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suit, the learned counsel for the defendants in the counter claim seeks short accommodation to verify as to whether the counter claimants are interested to prosecute the counter claim.
2.In view of the endorsement made by the learned counsel for the plaintiff, the suit is dismissed as withdrawn. In view of the suit being dismissed as withdrawn, post the matter on 22.07.2024.
10.07.2024
ata
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P.B.BALAJI, J.
ata
C.S.No.624 of 2014
10.07.2024
Anuradha Sarin
Madan Suri
Jagan Suri
Mridula Gettu
Bank of India
P.B. Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
