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Madras High CourtCS/252/2004dismissed for nonprosecution

Chennai Vazhal Duraiyur Nadar Uravim Murali Magamai Sagayam v. Mr K.A.Gurusamy

2023-12-19Honourable Mr Justice A.A.Nakkiran5 pages

1 C.S.No.252 of 2004

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2023

CORAM

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN C.S.No.252 of 2004

1. Chennai Vazhal Duraiyur Nadar Uravin Murai Magamai Sangam, Represented by its President, Mr. M. Durairaj (Substituted by order in CMP No.16946 of 2003 in OSA No.251 of 2003 dated 30.01.2004) No.80, New No.48, S.R.P. Koil Street, Agaram, Chennai - 600 082.

2. Mr.A.S. Periyasamy,

3. Mr. S. Baskar,

4. Mr. S. Ramasamy Nadar,

5. Mr. A. Pal Pandian,

6. Mr. A. Subbiah Nadar ...Plaintiffs .Vs.

1. Mr. K.A. Gurusamy,

2. Mr. V. Mariappan,

3. Mr. A. Muthuvel,

4. Mr. K.A. Rajendran,

5. Mr. S. Chelladurai,

6. Mr. P.Muthuraj,

7. Mr. M. Ramar,

8. Mr. S. Vairamani Nadar,

9. Chennaivazhal Duriyur Nadar Uravin Murai Trust, Rep by its President Mr. A. Muthuvel, No.80, New No.48, S.R.P. Koil Street, Agaram, Chennai - 600 082. ... Defendants

2 C.S.No.252 of 2004 Prayer:

Plaint filed under Order VII Rule 1 of the CPC, 1908 read with Order IV Rule 1 of the Original Side, 1957 praying for a judgment and decree as follows:- a) Removing Defendants 1 to 8 from Chennai Vazhal Duraiyur Nadar Uravin Murai Magami Sangam at No.80, S.R.P. Koil Street, Agaram, Chennai - 82.

b) Directing the defendants to deliver the possession of the land and building at Door No.80, S.R.P. Koil Street, Agaram, Chennai - 82 to the 1st plaintiff and its members;

c) Directing the Defendants to return the books, Bank Pass Books, Cheques, Ledgers, Bill Books and other records of the Sangam to the Plaintiffs;

d) Directing Defendants 1 to 8 to render the accounts relating to the income from the Kalyana Mandapam and other receipts received on behalf of the Sangam.

e) To pay cost and f) To pass such other orders:

3 C.S.No.252 of 2004 For Plaintiffs : No Appearance For Defendants : Mr. S. Raveekumar for D9 ********

J U D G M E N T

On the earlier occasion, ie.15.12.2023, there was no representation on behalf of the plaintiffs either in person or through counsel and hence, the Registry was directed to print the name of the plaintiffs in the cause list and to post the matter on 19.12.2023 under the caption "for Dismissal". Even today, ie. 19.12.2023, there is no representation for the plaintiffs either in person or through counsel even though the plaintiffs' names have been printed in the cause list. Therefore, the Suit is dismissed for non prosecution. Consequently, connected Miscellaneous Petition is also closed if any. No costs.

19.12.2023 Lbm Index : No Internet : Yes Speaking order

4 C.S.No.252 of 2004 A.A.NAKKIRAN.,J Lbm C.S.No.252 of 2004

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