Madras High CourtCS/361/2011dismissed for nonprosecution

M/S.Anandram Developers Pvt v. K.Radhalakshmi And 2 Others

2019-12-16Honourable Mr Justice M. Sundar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :16.12.2019 Coram THE HONOURABLE MR. JUSTICE M.SUNDAR M/s.Anandram Developers Pvt.Ltd.

Rep.by its Director K.Bapaiah No.45 & 47, Arcot Road, Saligramam, Chennai 600 093.

Plaintiff vs.

1. K.Radhalakshmi

2. K.Balaboopathy

3. K.Rameshboopathy ..

Defendants This Civil Suit is preferred, under Order VII Rule 1 of CPC read with Order IV Rule 1 O.S. Rules of the Madras High Court, praying to a) Recovery of a sum of Rs.6.8 crores payable by the Defendants to the Plaintiff and further interest at the rate of12% per annum on Rs.5 crores from the date of the plaint till the rate of realization; b) a permanent injunction restraining the defendants 1 to 3, their men, agents or anyone claiming under or through them from in anyway dealing with or alienating the suit schedule property; c) a permanent injunction restraining the defendants 1 to 3, their men, agents or anyone claiming under or through them from in anyway disturbing the plaintiff or their peaceful possession and enjoyment of the part possession of the suit schedule property; 1/4

d) for costs of this suit.

e) such further orders and thus render justice. For Plaintiff : No appearance For Defendants : Mr.Moheet L.Rathore for M/s.P.Subbareddy

JUDGMENT

Read this in conjunction with and in continuation of earlier proceedings of this Court dated 12.12.2019 and 13.12.2019, which read as follows:

12.12.2019 proceedings:

'Mr.A.Vikash, learned counsel representing the counsel on record for defendants is before this Court, but there is no representation for the plaintiff. List under the caption 'for dismissal'

tomorrow i.e.,13.12.2019'.

13.12.2019 proceedings:

'List under the same caption on 16.12.2019'.

2. Pursuant to the aforesaid earlier proceedings, this suit has been listed under the caption 'FOR DISMISSAL' today (16.12.2019). The position is no different today, in other words, Mr. Moheet L.Rathore, learned counsel representing the counsel on record for all the three defendants is before this Court and learned counsel is ready, but there is no representation for the plaintiff.

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3. In the light of the aforesaid narrative and trajectory, instant suit is dismissed for default/non prosecution. There shall be no order as to costs.

16.12.2019 Speaking/Non-Speaking order Index : Yes/No Internet: Yes/No sli 3/4

M.SUNDAR, J.

sli 16.12.2019 4/4