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Madras High CourtCS/660/2012dismissed for default

Mr.C.E.Sathyanarayana Reddy v. The World In India Industrial

2021-11-25Honourable Mr Justice N. Seshasayee5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 25TH DAY OF NOVEMBER 2021 THE HON'BLE MR. JUSTICE N.SESHASAYEE C.S. No.660 of 2012 C.S.No.660 of 2012:- Mr.C.E.Sathyanarayana Reddy, No.3, First Main Road, Lake Area,VI Street, Nungambakam, Chennai - 600 034.

... Plaintiff

Versus

1. The World in India Industrial Association, Rep by its president Mr.N.R.Madhanan, No.167, Arcot Road, Vadapalani, Chennai - 600 026.

2. Mr.R.Sivanandam, No.52, North Mada Street, Arani, Thiruvannamalai District.

... Defendants Civil Suit praying that this Hon'ble Court be pleased to a)declare that the decree granted in C.S.No.180 of 1998 dated 27.07.2000 was tainted by fraud and set aside the same. Consequentially set aside the sale deed executed and bearing registration no.3209 of 2003 dated 19.11.2003 registered at the office of Sub Registrar Thiruporur on the basis of decree in C.S.No.180 of 1998 by this Hon'ble Court as null and void.

b)declare that the sale deed dated 20.05.2009 bearing registration No.2434 of 2009 executed by 1st defendant to 2nd defendant registered at the office of Sub Registrar Thiruporur was fraudulent null and void.

c)Pass a decree of permanent injunction restraining the defendants not to alienate or encumber the lands shown in suit schedule. d)grant costs.

This suit coming on this day before this court for hearing and the plaintiff herein not appearing in person or by advocate and upon reading the plaint filed herein and this court having observed that the matter is listed today under the caption for dismissal, neither the plaintiff nor his counsel is present to prosecute the matter, it is ordered as follows:- That the suit in C.S.No.660 of 2012 be and is hereby dismissed for default.

2. That there shall be no costs of this suit. WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 25TH DAY OF NOVEMBER 2021.

Sd./- ASSISTANT REGISTRAR (O.S.I) //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.

VSP 18/12/2021 C.S. No.660 of 2012

ORDER

DATED :25/11/2021 THE HON'BLE MR.JUSTICE N.SESHASAYEE FOR APPROVAL:04/01/2022 APPROVED ON:10/01/2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2021

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE C.S.No.660 of 2012 C.E.Sathyanarayana Reddy ... Plaintiff Vs.

1.The World in India Industrial Association, Rep by its president Mr.N.R.Madhanan, No.167, Arcot Road, Vadapalani, Chennai - 600 026.

2.Mr.R.Sivanandam ...Defendants Prayer: The Civil Suit has been filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of C.P.C. 1908, praying to a) declare that the decree granted in C.S.No.180 of 1998 dated 27.07.2000 was tainted by fraud and set aside the same. Consequentially set aside the sale deed executed and bearing registration No.3209 of 2003 dated 19.11.2003 registered at the office of Sub Registrar, Thiruporur on the basis of decree in C.S.No.180 of 1988 by this Court as null and void.

b) declare that the sale deed dated 20.05.2009 bearing registration No.2434 of 2009

executed by 1st defendant to 2nd defendant registered at the office of Sub Registrar, Thiruporur was fraudulent null and void.

c) pass a decree of permanent injunction restraining to defendants not to alienate or encumber the lands shown in suit Schedule and for costs. For Plaintiff : No Appearance For Defendants :

JUDGMENT

When the civil suit was taken up for consideration on 15.11.2021, there was no representation for the plaintiff and hence, the matter was ordered to be posted under the caption ' for dismissal '.

2.Even though, the matter is listed today under the caption 'for dismissal', neither the plaintiff nor his counsel is present to prosecute the matter. Hence the Civil Suit stands dismissed for default. No costs.

Sd./-N.S.S.J 25.11.2021 //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.