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Madras High CourtCS/130/2004dismissed as abated

Mr P.J.Guruvappa v. Mr G.S.Subramanyan

2023-08-31Honourable Mr Justice A.A.Nakkiran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN C. S.No.130 of 2004 P.J.Guruvappa ... Plaintiff vs.

1.G.S.Subramanyan 2.P.Gunarathnam 3.District Collector Thiruvallur. ... Defendants Prayer:- Civil Suit filed under Order VI Rule 1 of O.S Rules read with Order VII Rule 1 of CPC, praying for the following judgment and decree against the defendants:

a) for declaration, declaring the plaintiff is the owner of the suit property and for consequential injunction restraining the defendants 1 and 2 from interfering with the possession and enjoyment of the suit property. b) for mandatory injunction directing the 3rd defendant to issue C Form licence to the Sri Devi Theatre in the name of the plaintiff. 1/3

c) for costs of the suit.

For Plaintiffs : No Appearance For Defendants : Mr.T.Pramod Kumar Chopra -D1 & D2

JUDGMENT

When the matter was taken up for hearing on 08.08.2023, Mr.T.Chezhian, representing counsel for the plaintiff submitted that Mr.S.Venkateswaran, the plaintiff's counsel on record has died and hence, this Court directed the Registry to issue notice the plaintiff and post the matter today (31.08.2023). On perusal of records, it is seen that the court notice sent to the plaintiff has been returned with an endorsement " the plaintiff P.J.Guruvappa was no more". Hence, this Civil Suit is dismissed as abated. No costs.

31.08.2023 Index:Yes/No Speaking/Non-speaking order uma A.A.NAKKIRAN,J.

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uma C.S No.130 of 2004 31.08.2023 3/3