Mrs R.Soodamani & 2 Others v. Mr P.Srinivasan & 15 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.S.No.252 of 2005 1.Mrs.R.Soodamani, W/o.G.Radhakrishnan, No.10, Gandhi Road, Sriperambadur Taluk, Kancheepuram District 2.Mrs.S.Nirmala, W/o.R.Sridharan, No.62, Mounsami Madam Street, Venkatapuram, Ambathur, Chennai 3.Mrs.M.Prema, W/o.C.R.Manikandan, No.45, Haridass 1st Cross Street, Kolathur, Chennai- 99 ..Plaintiffs vs 1.Mr.P.Srinivasan, S/o.A.Parthasarathy, Bangalore High Road, Sunguvar Chattiram, Kancheepuram District 2.Mr.S.Naresh, S/o.P.Srinivasan, Bangalore High Road, Sunguvar Chattiram, Kancheepuram District
Minor Rep.by Father Mr.P.Srinivasan 3.Miss. S.Sasirekha, D/o.P.Srinivasan, Bangalore High Road, Sunguvar Chattiram, Kancheepuram District 4.Mr.P.Sekar, S/o.A.Parthasarathy, Bangalore High Road, Sunguvar Chattiram, Kancheepuram District 5.S.Vignesh, Age : 10 years 6.S.Aishwarya, Age: 7 years 5 and 6 Minors Rep.by father P.Sekar 7.P.Sridhar S/o.A.Parthasarathy, No.119, Kandoor Village, Sriperambudur Taluk, Kancheepuram District 8.Tmt.P.Devaki, W/o.A.Parthasarathy No.119, Kandoor Village, Sriperambudur Taluk, Kancheepuram District 9.The Branch Manager, State Bank of India Sriperumbudur Taluk, Kancheepuram District 10.The Branch Manager, Union Bank of India
Sunguvar Chattiram, Kancheepuram District 11.The Branch Manager, Indian Overseas Bank, Esplanade, Chennai- 108 12.The Branch Manager Bank of India Kancheepuram, Kancheepuram District 13.Mr.Thomas (alias) Reliance Thomas, Reliance Brick Industries, Chellampattadai, Sriperumbadur Taluk, Kancheepuram District 14.Mr.Chockalingam, C/o.Sridhar, Bus Body Building Works, New Bye-Pass Road, Vellore 15.V.Kuppan, Keeranallur Village, Sunguvar Chattiram, Sriperambudur Taluk Kancheepuram District 16.Mr.Narayanan Proprietor, Annai Builders and Real Estates, Madipakkam, Chennai ..Defendants Civil Suit praying that this Hon'ble Court be pleased to pass a Degree and Judgment:-
a)for partition and separate possession of 17/42, share in the plaint schedule mentioned properties b)to ascertain the Mesne profits from the date of plaint and of direct the defendants 4 & 7 payment of 17/42 , share in favour of the plaintiffs; c)for costs;
This civil suit coming on this day before this Court for hearing in the presence of Mrs.R.Meenalochini, Advocate for the 1st defendant herein and Mr.K.Selvamani, Advocate for the 7th defendant herien and the plaintiffs herein not appearing in person or by advocae and upon reading the plaint filed herein , It is ordered as follows:
That the suit in C.S.No.252 of 2005 be and is hereby dismissed for non-prosecution.
2. That there shall be no costs of this suit. WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 16TH DAY OF FEBRUARY 2022. ASSISTANT REGISTRAR (O.S.I)
DL 11.04.2022 C.S.No.252 of 2005
ORDER
DATED : 16.02.2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN FOR APPROVAL:
APPROVED ON :
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2022
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN C.S.No.252 of 2005
1. Mrs. R. Soodamani,
2. Mrs. S. Nirmala,
3. Mrs. M. Prema, ...Plaintiffs .Vs.
1. Mr. P. Srinivasan,
2. Mr. S. Naresh,
3. Miss. S. Sasirekha,
4. Mr. P. Sekar,
5. S.Vignesh,
6. S. Aishwarya,
7. P. Sridhar,
8. Tmt. P. Devaki, 9.The Branch Manager, State Bank of India, Sriperumbudur Taluk, Kancheepuram District.
10.The Branch Manager, Union Bank of India, Sunguvar Chattiram'
Kancheepuram District.
11. The Branch Manager, Indian Overseas Bank, Esplanade, Chennai-108.
12. The Branch Manager, Bank of India, Kancheepuram, Kancheepuram Distrct.
13. Mr. Thomas (alias) Reliance Thomas, Reliance Brick Industries, Chellampattadai, Sriperumbadur Taluk,
14. Mr. Chockalingam
15. V. Kuppan,
16. Mr. Narayanan ...
Defendants Plaint filed under Order IV Rule 1 & 2 of the Original Side Rules and Order VII Rule 1 of C.P.C. praying for a judgment and decree as follows:- a) for Partition and Separate possession of 17/42, share in the plaint schedule mentioned properties;
b) To ascertain the Mesne profits from the date of plaint and direct the defendants 4 & 7 for payment of 17/42, share in favour of the plaintiffs;
c) for costs;
For Plaintiffs : No Appearance For Defendant-1 : Mrs. R. Meenalochini For Defendant-7 : Mr. K. Selvamani ********
J U D G M E N T
When the matter was listed on 14.02.2022, there was no representation on behalf of the plaintiffs even after the statement of the earlier counsel for the plaintiffs was recorded on 20.01.2022 that she has given up her engagement and returned the case papers to the plaintiffs.
Hence, the matter was adjourned today after directing the Registry to print the name of the plaintiffs in the cause list for their appearance. Despite the same, even today, there is no representations on behalf of the plaintiffs either through counsel or in person.
2. In view of the above, the Civil Suit is dismissed for non prosecution. No costs.
Sd/-V.B.S.J.
16.02.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.