IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:21.09.2017 CORAM:
THE HON'BLE JUSTICE C.V.KARTHIKEYAN Tr.C.S. No. 109 of 2017
1. Minor Ramu @ Ponnambalam, represented by next friend and father S.Maran, No.48, III Main Road, Sri Ayappa Nagar, Chinmaya Nagar, Chennai - 600 092.
2. R.Ponnambalam (deceased) S/o.Ramalingam, No.48, III Main Road, Sri Ayappa Nagar, Chinmaya Nagar, Chennai - 600 092.
3. P.Latha Mangeshkar, D/o.Late.R.Ponnambalam, W/o.S.Maran, No.48, III Main Road, Sri Ayappa Nagar, Chinmaya Nagar, Chennai - 600 092.
(3rd Plaintiff brought on record legal heir of deceased 2nd Plaintiff as per order dated 12.03.2007 in A.No.2275/2007). .. Plaintiffs Vs
1 Dr.V.Kannan S/o.Venkatachalam.
2 Ms.Lakshmi Kannan
3. Minor Padmavathy Kannan
4. Minor Krishnaswamy (3 and 3 Minors represented by their father & Natural Guardian, the 1st defendant and 1 to 4 residing at No.79, III Main Road, Chinmaya Nagar, Sri Ayyappa Nagar, Chennai - 600 092 .. Defendants For Plaintiffs : Mrs.Anita Thomas For Defendant-1 : Mrs.P.Srividhya PRAYER : Plaint has been filed Under Order IV Rule 1 of O.S. Rules read with Order VII, Rule 1 of Civil Procedure code, (a) declaring that the Judgment and Decree obtained by the defendants against the 2nd plaintiff, in C.S.No.650 of 2004 High Court Madras dated 06.10.2004 is Null and Void and not binding on the Plaintiffs and therefore be set aside (b). direct the defendants to pay the cost of the suit.
J U D G M E N T An affidavit had been filed by the 3rd plaintiff. It is stated that the property shall be vacated, on or before 31.10.2017.
2. An endorsement has also been made by the 1st and 3rd plaintiffs in the suit, that they are withdrawing the suit.
3. Consequently, suit in Tr.C.S.No.109 of 2017 is dismissed as withdrawn.
4. However, it is made clear that the plaintiffs shall vacate the property on or before 31.10.2017, failing which, the defendants can pursue with E.P.No.92 of 2016, which is pending. The execution petition may be closed, only after recording actual fact of vacating the premises.
21.09.2017 Index : Yes / No Web : Yes / No ksa C.V.KARTHIKEYAN, J ksa Judgment in Tr.C.S. No. 109 of 2017 21.09.2017