Madras High CourtCS/384/2008dismissed for nonprosecution

Kullayi @ Pushpa v. Venkata Rao

2023-10-19Honourable Mr Justice A.A.Nakkiran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN C.S.No.384 of 2008 Kullayi @ Pushpa .. Plaintiff vs.

1.A.Venkata Rao 2.A.Alamelu 3.A.Vimala 4.A.Neeraja 5.A.Naveen 6.Nandini 7.N.Shakul Hameed .. Defendants Prayer: Civil Suit filed under Order IV Rule 1 of the O.S Rules read with Order VII Rule 1 Civil Procedure Code, praying to pass the following judgment and decree against the defendants.

a) to declare that the sale deed dated 31.08.2007 executed in favour of 7th defendant Sahul Hameed by the defendants 1 to 6 registered as No.P-4404 of 2007 dated 31.08.2007 before the Sub Registration District of Sembium Village and Registration District of Madras comprised in Paimash 1243, 1125 and 1126 in T.S No.66, Block No.13 by defendants jointly with reference 1/4

to C schedule property as null and void sham and not acted upon in as much as the plaintiff has been continuous and uninterrupted possession and the owner of the property under the family oral partition; b) grant mandatory injunction restraining the defendants, their men, servants, relatives, representatives, administrators, executors and assigns from interfering with the peaceful possession in occupation and enjoyment of the herewith mentioned schedule property by the plaintiff herein comprised in Paimash 1243, 1125 and 1126 in T.S No.66 Block No.13 by undue process of law; c) to pay the cost of the suit.

For Plaintiff : No Appearance For Defendants : No Appearance

JUDGMENT

When the matter came up for hearing on 17.10.2023, there was no representation on behalf of the plaintiff and hence the matter was directed to be posted under the caption "for dismissal" on 18.10.2023. Even today 2/4

(19.10.2023), there is no representation on behalf of the plaintiff either in person or through the counsel on record. Hence, the Civil Suit is dismissed for non-prosecution. No costs.

19.10.2023 Index:Yes/No Speaking/Non-speaking Order (1/2) uma A.A.NAKKIRAN,J.

3/4

uma C.S.No.384 of 2008 (1/2) 19.10.2023 4/4