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Madras High CourtCS/93/2010dismissed for nonprosecution

S.Jayaselvi v. M.Antony Washington

2024-01-31Honourable Mr Justice A.A.Nakkiran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2024

CORAM

THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN C.S.No.93 of 2010 S.Jayaselvi ...Plaintiff vs 1.M.Antony Washington 2.M.Arokiaraja 3.S.Vasanthi 4.E.Lourdu Mary 5.B.Uma Mary 6.J.Jayaseeli 7.Anusuya George 8.Arul Mary Malaisamy ..Defendants Prayer: Civil Suit is filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of the Civil Procedure Code praying for a judgment and decree for the following reliefs:- "(a)granting a Preliminary Decree directing partition of Schedule A and B mentioned properties by declaring that the 1/4

plaintiff is entitled to a 1/9th share in Schedule A and B mentioned properties and ordering separate possession of the plaintiff thereof and enabling the plaintiff to apply for Final Decree by appointing an Advocate Commissioner to effect partition in accordance with Law, (b)directing the 1st defendant to render true and correct accounts of the mesne profits derived by him and ordering payment of the plaintiff's share of the same, (c)and pass such further or other orders and thus render justice.

For Plaintiff : No appearance For Defendants : No appearance

JUDGMENT

Earlier, when the Suit was posted on 11.01.2024 for hearing, there was no representation on either side and hence, the matter was directed to be listed on 24.01.2024. On 24.01.2024 also, there was no representation on either side. Therefore, the matter is listed today under the caption, "for 2/4

dismissal". Even today, there is no representation on behalf of the plaintiff as well as the defendants. Hence, the Civil Suit is dismissed for nonprosecution. Consequently, connected application is closed. No costs. 31.01.2024 mps 3/4

A.A.NAKKIRAN,J, mps C.S.No.93 of 2010 31.01.2024 4/4