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Madras High CourtCS/386/2009dismissed as abated

R.Natarajan v. Prabha Natarajan

2017-01-10Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2 0 1 7

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN C.S.No.3 8 6 of 2009 And A.Nos. 5814 and 5815 of 200 9 R.Natarajan ... Plaintiff Vs.

Mrs.Prabha Natarajan ... Defendant PRAYER : This Civil Suit filed under Order IV Rule 1 O.S. Rules read with Order VII Rule 1 CPC, praying for the following reliefs: (i) to declare that the plaintiff is the exclusive and absolute owner of the schedule mentioned property more fully described hereunder. (ii) For consequential permanent injunction restraining the defendant, her men, agents, servants or any persons claiming under her from in any manner asserting or expressing exclusive control or right over the schedule mentioned property by creating any encumbrances like execution of sale deeds or lease deeds or mortgage deeds and rental deeds etc., (iii) to award the costs of the suit.

*** C.V.KARTHIKEYAN , J.

vsg For Plaintiff : Mr.S.Thiruvenkataswamy For Defendant : Mr.D.Venkateswarulu

JUDGMENT

The suit is between the husband and wife. Unfortunately, both the husband and the wife are today dead. Notice was directed to be issued. Office had issued the notice.

2.

The suit is dismissed as abated owing to the death of the plaintiff and on the death of the defendant and also on the ground that they have no issues to pursue the suit further. No costs. Consequently, connected applications are also dismissed.

10.01.2017 vsg C.S.No.3 8 6 of 2009 And A.Nos. 5814 and 5815 of 200 9

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