Sivagami (Decd.) And 10 Others v. Selvamani

HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.01.2015 CORAM :

THE HONOURABLE Ms.JUSTICE S.VIMALA C.S.No.922 of 2010 1.Sivagami (deceased) (Plaintiffs 2 to 9 are already on record as L.R.'s of the deceased first plaintiff as per order dated 20.06.2014 in Memo in C.S.

No.922 of 2010) 2.Loganayaki 3.Poongodhai 4.Arivumani 5.Anandi 6.Mrs.Varalakshmi 7.Mahalakshmi 8.Bulkanin (dead) 9.Mr.Somasundaram 10.B.Sumathi 11.B.Surya (Plaintiffs 10 and 11 are brought on record as legal heirs of the deceased eighth plaintiff as per order dated 05.12.2013 in A.No.5934 of 2013) ....

Plaintiffs vs Mrs.Selvamani ....

Defendant Suit filed under order IV Rule 1 of Original Side Rules R/W. Order

S.VIMALA ,J., arr VII Rule 1 and 2 of Civil Procedure Code praying for (a) declaring the plaintiffs are each entitled to 1/10th share in the schedule mentioned property and effect and partition proceedings by metes and bounds by allowing the each plaintiff 1/10th share and put them into possession; (b) directing the defendant to pay a sum of Rs.5,00,000/- being the estimated rental income payable to the plaintiffs being the rent illegally collected by the defendant from the shops, prior to the three years of filing the suit © directing the defendant to pay mesne profits to the plaintiffs from the date of filing the suit from the date of plaint till date of final decree.

For plaintiffs :

No appearance For Defendant :

No appearance

JUDGMENT

When the matter was listed on 28.01.2015, the learned counsel for the plaintiffs has reported no instructions and therefore this Court has directed the Registry to print the name of the plaintiffs in the causelist and post the matter today under the caption "For Dismissal" today. Eventoday, there is no representation for the plaintiffs. Hence, this suit is dismissed for non-prosecution. No costs. 30.01.2015 arr C.S.No.922 of 2010