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Madras High CourtCS/466/2012transfer to city civil court

P.R.Muthu v. Valliammal

2020-02-103 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 2.3.2017

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR Civil Suit No.466 of 2012 and Application Nos.862 and 863 of 2014 P.R.Muthu Plaintiff vs.

1. Mrs.Valliammal

2. Mrs.Lakshmi

3. Mrs.R.Maya

4. Mr.S.Balaji

5. M/s.The Madras Purasawalkam Hindu Janopakara Saswatha Nidhi, rep. by its Commissioner, No.68, Vellala Street, Purasawalkam, Chennai 84.

Defendants Civil Suit filed under Order VII Rule 1 of CPC read with Order IV Rule (1) of Original Side Rules praying for judgment and decree (a) to declare that the plaintiff is the absolute owner of the schedule property and consequently directing defendants 1 to 4 to deliver the possession of the suit schedule property to the plaintiff; (b) for permanent injunction restraining defendants 1 to 4, their men, agents, servants, nominees or any other person authorized on their behalf from in any way dealing with the suit schedule property; (c) directing the first defendant to pay to the plaintiff the future damages at

the rate of Rs.20,000/- per month from the date of suit till the date of delivery of possession of the suit schedule property to the plaintiff; (d) directing defendants 1 to 4 to pay to the plaintiff the cost of the suit and (e) such other reliefs as this court may deem fit and proper.

For Plaintiff :

No appearance.

JUDGMENT

Learned counsel for the plaintiff reported no instructions on 9.2.2017. Therefore, notice was sent to the plaintiff by this court through registry. The same is also served on the wife of the plaintiff on 28.2.2017. Despite service of notice, the plaintiff has not come before this court. Today also there is no representation for him. The plaintiff is called absent. The above fact clearly indicates that he is not interested in prosecuting the suit and other applications. Hence, the suit and other applications are dismissed for non-prosecution. However, there is no order as to costs.

2.3.2017.

Index : Yes/No Internet : Yes/No ssk.

N.SATHISH KUMAR, J ssk.

C.S.No.466 of 2012 2.3.2017 http://www.judis.nic.in