D.S.Nagalakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.01.2017

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.S.No.92 of 2011 D.S.Nagalakshmi .. Plaintiff

Versus

1. The District Collector, Chennai District, Chennai - 600 001.

2. The Tahsildar, Mylapore - Triplicane Taluk, CHennai - 600 028.

3. The Tamil Nadu Wakf Board, Rep. by its Secretary cum-Chief Executive Officer.

4. Diwan Sahib Burial Ground, Rep. by its Hereditary Muthavalli Mr. Haji Naziruddin.

.. Defendants The plaint is filed and numbered as Civil Suit under order IV Rule 1 of O.S. Rules and Order VII Rule 1 of CPC, praying for a judgment and decree:

(a) for declaration, declaring the plaintiff is an absolute owner of the suit schedule property by adverse right; (b) for permanent injunction restraining the defendants, or men, or agents or servants or any one claiming through the defendants, from in any manner interfering and disturbing the

plaintiff's peaceful possession and enjoyment of the suit property, more fully described in the schedule hereunder; (c) directing the defendants to pay the costs of the suit; For Plaintiff : No Appearance For Defendants : Mr.T.Jayaramaraj, (GA), for D1 & D2 Mr.V.Raghavachari, for D3 -----------

JUDGMENT

The learned counsel appearing for the 3rd defendant has submitted that he has already taken possession of the suit property. Hence, nothing survives in the suit.

No representation for the plaintiff. The plaintiff called absent. Hence, the suit is dismissed for non-prosecution. 03.01.2017 Index: Yes/No Internet:Yes/No pvs

N.Sathish Kumar, J., pvs C.S.No.92 of 2011 03.01.2017 http://www.judis.nic.in