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Madras High CourtCS/677/2004dismissed for nonprosecution

Minor S.Vidhushah v. Mr R.Sudhakar

2022-04-29Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 29.04.2022 CORAM :

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN 1.Minor S. Vidhushah 2.Minor S. Neyha 3.Minor S. Akshay [Minors 1, 2 and 3 plaintiffs, represented by their Mother and Guardian Mrs. Vasantha Kumari ..Plaintiffs

Versus

1. R.Sudhakar

2. Vasantha Kumari [2nd Defendant impleaded as per order dated 16.07.2008 in Appln.No.6205 of 2007] ..Defendants Prayer: Civil Suit filed under Order 7 Rule 1 of CPC and Order VII Rule 1 of Original Side Rules, to pass a decree and judgment, (a) that the plaint schedule properties (morefully described in the schedule hereunder) be divided into each 1/4th share by appointment of Commissioner to divide them by metes and bounds and if it is incapable of partition be directed to be sold and payment of the plaintiff's share in the properties.

(b) that an account may be taken of regarding the joint properties of the above said family now consisting of the plaintiff's and the defendant. (c) that an account may be taken of the liabilities if any of the family. 1/3

(d) for mesne profits to be paid by the defendant as per the above shares upto the date of delivery of possession and (e) to pay costs of this suit. For Plaintiffs :

No Appearance For Defendant-1 :

M/s.Shah & Shah ---- JUDGEMENT When the civil suit was taken up for hearing on 07.04.2022, 28.04.2022, there was no representation for the plaintiffs. Hence, the matter was directed to be posted today i.e, on 29.04.2022, under the caption "for dismissal". Even today, there is no representation for the plaintiffs either in person or through their counsel. Therefore, this Civil Suit is dismissed for non-prosecution. No costs.

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V. BHAVANI SUBBAROYAN, J.

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