Mazhar Musthari Fathima v. Mr.Ahmed Mustafa Maraikayer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2021 CORAM : JUSTICE N.SESHASAYEE Mazhar Musthari Fathima ...

Plaintiff Vs.

1.Ahmed Mustafa Maraikayer 2.Sintha Mathar 3.Noor Nayeema Maraikayer 4.The Joint Sub Registrar-II Thousand Lights Chennai - 600 014.

...

Defendants Prayer : Civil Suit filed under Order VII Rule 1 of CPC., praying to pass a decree and judgement against the defendants : (a) declaring that the cancellation deed dated 19.03.2014 registered as document No.283/2014 in the Office of Joint Sub Registrar-II, Thousand Lights by the first defendant as against the Settlement Deed dated 28.08.2009 as null and void and not binding on the plaintiff;

(b)declaring that the subsequent settlement deed dated 21.04.2014 executed registered as Document No.412 of 1/4

2014 in the Office of the Sub Registrar Joint -II, Thousand Lights as null and void and not binding on the plaintiff; (c) granting permanent injunction restraining the defendants, their men, agent or anyone acting on his behalf from interfering into the plaintiff's peaceful possession and enjoyment of the suit schedule property;

(d)awarding costs of the suit.

For Plaintiffs : No Appearance For Defendants : Mr.D.Selvakumaran [D3]

JUDGMENT

On 29.07.2021, Mr.C.H.Vinobha Gandhi, the counsel then on record for the plaintiff has made a statement before the Court that the plaintiff had already disengaged his services and taken the case papers from him, and a memo to that effect has been filed by him. Hence, on the orders of this Court, plaintiff's name came to be printed in the cause-list today. Even today, there is no representation for the plaintiff. 2/4

2. It is represented that the same plaintiff (in C.S.No.542 of 2016) has been arrayed as 4th defendant in C.S.No.882 of 2015, and in this suit also, she has not filed her written statement.

3. This Court is left with little option, but to dismiss C.S.No.542 of 2016 for default. Accordingly, C.S.No.542 of 2016 stands dismissed for default. No costs.

31.08.2021 ds Index : Yes / No Internet : Yes / No 3/4

N.SESHASAYEE.J., ds 31.08.2021 4/4