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Madras High CourtCS/946/2008dismissed

Arihanth Foundations & Housing v. P.Guru Vittal

2018-12-13Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2018

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR C.S.No.946 of 2008 Arihanth Foundations & Housing Limited, Rep. by its Managing Director Kamal Lunawath having office at Door No.25, Ganapathy Colony III Street, Teynampet, CIT Nagar, Cenatoph Road, Chennai - 18.

...... Plaintiff Vs.

1. P.Guru Vittal

2. P.Murali Vittal

3. P.Loganatha Vittal

4. Yamuna Mohan

5. P.G.Ramesh Babu

6. Ramathilakam

7. P.K.Ashok Kumar

8. P.K.Chandrasekara Kumar

9. Hemantha Kumar

10. P.K.Purushothaman

11. S.Suguna

12. S.Hemalatha ..... Defendants

Civil Suit filed under Order VII Rule 1 CPC read with Order IV Rule 1 of the Original Side Rules, directing the defendants 1 to 4 to execute a deed of absolute sale in favour of plaintiff after receipt of the balance of sale consideration by a date to be fixed by this Court and in default of the defendants 1 to 4 doing so, this Court may be pleased to execute the sale deed on behalf of the defendants 1 to 4 and directing the defendants 1 to 4 and defendants 6 to 12 to put the plaintiffs in possession of the suit property.

For Plaintiff : No Appearance For Defendants : Mr.V.G.Suresh Kumar for D2

O R D E R

This Court by order, dated 23.11.2018 passed the following order :

When the case is called, no one is appearing for the plaintiff. Mr.Premkumar, learned counsel for D2 submits that, even though D3, D6 and D7 died, no steps so far have been taken by the plaintiff to bring the LRs on record of the said defendants. Therefore in order to take steps by the plaintiff to bring the LRs of the deceased D3, D6 and D7, three weeks time is given for the plaintiff, within which if no steps are taken suitable further orders would be passed. Post the matter on 13.12.2018.

2. Accordingly the case is taken up for hearing today. However today also no one is appearing for the plaintiff.

3. In spite of enough opportunity given to the plaintiff, he has not chosen to appear before this Court through pleader and no steps have been taken to bring the LRs of the deceased defendants such as D3, D6 and D7.

4. In view of the above, the suit is liable to be dismissed for nonprosecution. Accordingly this Civil Suit is dismissed for nonprosecution. 13-12-2018 tsvn

R.SURESH KUMAR, J tsvn C.S.No.946 of 2008 13-12-2018