T.Sudhakar v. D.Venkatesh And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.12.2016

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.S.No.208 of 2013 T.Sudhakar .. Plaintiff

Versus

1.D.Venkatesh 2.P.Sankar Raj .. Defendants The plaint is filed and numbered as Civil Suit under order IV Rule 1 of Original Side Rules r/w Order VII Rule 1 of Civil Procedure Code, praying for a judgment and decree:

i) to pass a preliminary decree granting the plaintiff's 1/2 share in the plaint schedule property;

ii) for a judgment and decree of permanent injunction restraining the 2nd defendant in any manner acting as the power of attorney of the plaintiff in respect of the plaint schedule property;

iii) to award costs of the suit.

For Plaintiff : Mr.T.Magendiran For Defendants : No Appearance -------

JUDGMENT

Today, when the matter came up for hearing, the learned counsel appearing for the plaintiff is not ready for evidence. From 26.04.2016, till 29.07.2016, despite several adjournments, plaintiff has not tendered his evidence before the learned Additional Master II. The conduct of the plaintiff clearly shows his intention towards the non-prosecution of the suit. Hence, the suit is dismissed for non-prosecution. No costs. 14.12.2016 Index: Yes/No Internet:Yes/No pvs

N.Sathish Kumar, J., pvs C.S.No.208 of 2013 14.12.2016 http://www.judis.nic.in