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Madras High CourtCS/1029/2010dismissed as abated

Mr.H.Dawood Basha v. Mr.Capt.G.A. Mustafa &4 Others

2017-02-13Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 13.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.S.No.1029 of 2010 Mr.H.Dawood Basha ... Plaintiff

Versus

1.Capt. G.A.Mustafa ... Respondent

2. Abdul Ali Mohammed 3.Iqbal Vali Mohideen 4.D.Nagarajan 5.K.Meenakshi ... Defendants PRAYER : The Civil Suit filed under Order IV Rule 1 of Original Side Rules and Order VII Rule I of Civil Procedure Code for the following reliefs :- a) declaring that the plaintiff has perfected title as absolute owner to the property vacant land situate at old Door No.12, New No.23, Gulam Abbas Ali Khan 9th Street, Thousand Lights, Chennai 6 of Nungambakkam village in S.No.44 /part and 44/135 part block No.9 measuring 960 Sq. ft. more particularly described in the schedule; b) pleased to declare the sale deed dated 21.07.2010 registered as documents No.687 of 2010 executed by the defendants 1 to 3 in respect of the suit property to and in favour of the defendants 4 and 5 as null and void of the above sale deed in respect of the properties more fully described in the schedule ;

c) for a permanent injunction restraining the respondents / defendants, their men, their agents and anybody else claiming under or

C.V.KARTHIKEYAN, J.

vsi2 through them from interfering, with the peaceful possession and enjoyment of the suit schedule property of the plaintiff, either by trespass or in any manner;

d) for a permanent injunction restraining the defendants 4 and 5 their men, their agents and anybody else claiming under or through them from alienating or encumbering of the suit schedule property and e) to award costs of the suit property.

For Plaintiff : No appearance For Defendant : Mr.K.P. Ashok for Defendants 1 to 5.

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J U D G M E N T

On 10.01.2017, it was reported that the plaintiff is dead. But no steps have been taken. Today there is no representation. In view of the same the suit is dismissed as abated.

13.02.2017 Index:yes/no Internet:yes vsi2 C.S.No.1029 of 2010 http://www.judis.nic.in