M/S. Ozone Projects (P) Ltd v. Mr. S. Jaganatha Pandian

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2022

CORAM

THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN M/s.Ozone Projects Private Limited Represented by its authorized signatory Mr.K.Krishnan Having their registered office at No.63, G.N.Chetty Road T.Nagar, Chennai 600 017.

... Plaintiff vs.

Mr.S.Jaganatha Pandian Son of M.V.V.N.Sivanthi Flat No.4-D No.1, Subramaniam Street Abiramapuram Chennai 600 018.

... Defendant Prayer: Civil Suit filed under Order IV Rule 1 of Original Side Rules r/w Section 26 & Order VII Rule 1, Code of Civil Procedure, to pass a judgment and decree :

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a) directing the defendant to pay a sum of Rs.10,00,00,000/-. b) to pass an order of permanent injunction restraining the defendant or his men or agent from publishing or circulating any false, defamatory or derogatory statements, notices and claims pertaining to the suit schedule property in the form of private or public notices or any publication n any media or through any newspapers or handbill or any other form to the customers of the plaintiff or general public or authorities. c) to pay the cost of the suit For Plaintiff : Mrs.T.Uma Sivan For Defendant : No Appearance

J U D G M E N T

This suit is pending from the year 2010. It was reported by the learned counsel for the plaintiff on 19.11.2021 that the sole defendant in this case was dead. Thereafter, the case was adjourned on several occasions for taking steps to implead the legal representatives of the deceased sole defendant.

2.When the matter is taken up today again, the learned counsel for the plaintiff prayed time for taking steps for impleading the legal 2/4

representatives of the deceased sole defendant. On going through the records, this Court found that this case was adjourned from 19.11.2021, 3.12.2021, 17.12.2021, 24.01.2022, 2.3.2022, 25.3.2022, 9.3.2022, 25.4.2022, 04.07.2022 and 5.8.2022,. On all these occasions, the case was adjourned only at the instance of the learned counsel for the plaintiff for impleading the legal representatives of the deceased sole defendant. Till now, no positive steps have been taken. Therefore, this Court has no option except to dismiss the suit as abated against the defendant. 3.Thus, the suit is dismissed as abated. No costs. 02.11.2022 kp Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order To The Sub Assistant Registrar, Original Side, High Court, Madras.

G.CHANDRASEKHARAN ,J.

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