Madras High CourtCS/278/2015dismissed for nonprosecution

R.Sukanya v. K.Vasudevan

2023-11-20Honourable Mr Justice A.A.Nakkiran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2023

CORAM

HONOURABLE MR JUSTICE A.A.NAKKIRAN C.S. No.278 of 2015

1. R. Sukanya

2. R. Mani

3. R. Sekar @ Rajasekar

4. Malathi

5. N. Usha ...Plaintiffs vs

1. R. Vasudevan

2. R. Selvam

3. R. Ravi

4. R. Mageshwari

5. R. Preethi

6. R. Kalaimathi

7. Narmatha

8. R. Deepak @ Diliphan

9. R. Srinivasan

10. R. Kannan

11. Anandhi

12. M/s.Mallies Constructions Rep by its Agent U. Chandra Prakasam 19, Tanjore Road, T.Nagar, Chennai - 600 017.

13. R.Megala

14. R.Jayakumar

15. R. Jayashankar ..Defendants 1/4

Prayer: Civil Suit filed under Order IV Rule 1 of O.S. Rules read with Order VII Rule 1 of the Civil Procedure Code prays a) by declaring the settlement deed dated 09.11.1990 (Doc.No.5235 of 1990) executed by S. Radhakrishnan and registered at the office of Kodambakkam SRO, is null and void and not binding on the plaintiffs in so far as the plaintiffs' share of 2292 sq.ft is concerned. b) a preliminary decree for partition of their 5/12th share, in the schedule property by metes and bounds by allotting the same to the plaintiffs;

c) a permanent injunction against the defendants, their assigns, agents, men, etc., restraining them from in anyway alienating or encumbering the schedule property;

d) a permanent injunction against the defendants, their assigns, agents, men, etc., restraining them from making any construction or developmental activity, whatsoever over the schedule property and e) directing the defendants to pay the costs of the suit to the plaintiffs. 2/4

For Plaintiff : No appearance For Defendants : Mr. P.J.Rishikesh for D1, 4 & 6 Mr.R. Shivakumar for D3 & D5 Mr.S. Subramanian for D2

J U D G M E N T

Earlier, when the Suit was posted on 09.11.2023 for hearing, there was no representation for the plaintiffs. Hence, the Registry was directed to print the name of the plaintiffs in the cause-list and post this matter today under the caption, 'for dismissal' and accordingly, it is listed today.

2. Even today i.e., on 20.11.2023, inspite of the name of the plaintiffs being printed in the cause-list, the plaintiffs have not appeared before this court. Hence, this Suit is dismissed for non-prosecution. No costs. 20.11.2023 Index : Yes/No Internet : Yes Speaking/Non-speaking order gv 3/4

A.A.NAKKIRAN,J.

gv C.S. No.278 of 2015 20.11.2023 4/4