V.S. Chandrasekar v. Mrs. Vijayakumari

1 C.S.No.521 of 2015

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2023

CORAM

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN C.S.No.521 of 2015 V.S. Chandrasekar, ...Plaintiff .Vs.

1.Mrs. Vijayakumari,

2. Mrs. S. Logeswari, 3.Mr. V.S. Jayavelu, 4.Mr. Somu @ Somasundaram, 5.Mr. S.L. Arokia Swamy, 6.Mr. T.G. Neelan, ... Defendants 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) for a Declaration that the Agreement for Sale dated 31.10.2011 executed by the 1st and 2nd defendants through their General Power of Attorney Agent the 5th defendant and 6th defendant and registered as

2 C.S.No.521 of 2015 Document No.2314 of 2011 on 31.10.2011 before the Sub-Registrar of Thiyagaraya Nagar is ab-initio null and void and not binding on the plaintiff.

b). For Partitioning the Plaint Schedule Property by holding that the plaintiff is entitled to 1/4th share and interest in the plaint schedule property and to allot 1/4th share therein to the plaintiff and consequently to appoint an Advocate Commissioner for partitioning the Plaint Schedule property by metes and bounds and to deliver the 1/4th share out of the plaint schedule property to the plaintiff. c) For a Permanent Injunction restraining the defendants, their agents, nominees, representatives or any person or persons claiming through them from alienating, transferring or creating any encumbrances in respect of the property being house, ground and premises bearing Plot No.15, Old No.27, New No.22, Krishna Street, T. Nagar, Chennai-600 017, comprised in S.Nos.117/8, 118/5, and 120/3, T.S. No.6530, Block No.140 of T.Nagar Village, Mambalam-Guindy Taluk, Chennai District, measuring an extent of 2 grounds 1680 Sq.ft morefully described in the Schedule.

3 C.S.No.521 of 2015 d) To award the costs of the suit and, e) To pass such other orders:

For Plaintiff : No Appearance For Defendants : No Appearance ********

J U D G M E N T

On the earlier occasion, ie.11.10.2023 there was no representation for the plaintiff either through counsel or in person and hence, the matter was directed to be posted on 08.11.2023 after issuing notice to the plaintiff and printing his name in the cause list. Even today, ie. 08.11.2023, there is no representation for the plaintiff either in person or through counsel even though the plaintiff's name has been printed in the cause list. On a perusal of the records, the Bailiff has reported that notice returned unserved as no such person. Therefore, the Suit is dismissed for non prosecution. Consequently, connected Miscellaneous Petition is also closed if any. No costs.

08.11.2023 Lbm Index : No

4 C.S.No.521 of 2015 Internet : Yes Speaking order A.A.NAKKIRAN.,J Lbm C.S.No.521 of 2015 08.11.2023