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Madras High CourtCS/756/2000dismissed for nonprosecution

M/S.Fortune Constructions Ltd. v. S.Venkataswami

2018-09-27Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 27TH DAY OF SEPTEMBER 2018 THE HON'BLE DR.JUSTICE ANITA SUMANTH C.S. No. 756 of 2000

1. M/s. Fortune Constructions Limited rep.by its Managing Director A S R Chowdhary registered office at No.3, 3rd Cross Road, Raja Annamalai Puram, Chennai 600 028.

2. A.S.R.Chowdhary residing at No.118, St.Mary's Road, Alwarpet, Chennai 600 018.

:Plaintiffs Vs

1. S.Venkataswami

2. V.P.Manohar

3. Lily Venkataswami

4. V.M.Sasikala All are at residing at No.47, AJ Block, 9th Main Road, Anna Nagar, Chennai 600 040.

:Defendants Civil suit praying that this Hon'ble Court may be pleased to pass a judgment and decree against the defendants:

a) to direct the defendants, jointly and severally, to specifically perform the Agreement of Joint Venture contained in the Memorandum of Understanding dated 30.7.96 and accordingly transfer 50% of the undivided share in the suit schedule property to the 1st plaintiff and or its nominee or nominees after obtaining necessary approval under the Income Tax Act;

b) for a permanent injunction restraining the defendants their men, agents or servants from in any manner alienating or dealing with the suit schedule property with any person other than the 1st plaintiff.

c) a permanent injunction restraining the defendants

their men, agents or servants from interfering with the 1st plaintiffs' possession of the suit schedule property or putting any other person in possession thereof; d) for costs of the suit.

This Civil suit coming on this day before this Court for hearing in the presence of Mr.A.Uma Shankar, Advocate for the 1st defendant herein and the plaintiffs herein not appearing in person or by advocate and upon reading the plaint filed herein, It is ordered :- That the Suit in C.S.No. 756 of 2000 be and is hereby dismissed for non-prosecution.

2. That there shall be no costs of this suit. WITNESS THE HON'BLE SHRIMATI.VIJAYA KAMLESH TAHILRAMANI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 27th DAY OF SEPTEMBR 2018.

Sd./- ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

sk 16.10.2018 C.S.No.756 of 2000

ORDER

DATED: 27.09.2018 THE HON'BLE DR.JUSTICE ANITA SUMANTH FOR APPROVAL: 17.10.2018 APPROVED ON : 22.10.2018