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Madras High CourtCS/538/2019dismissed with cost

P.Rajarajan v. Karunakaran

2022-03-16Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 16th DAY OF MARCH 2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN C.S. No.538 of 2019 Mr.P.Rajarajan, Son of Mr.Palanirajan No.17/21, Padmanabha Street, Darmapuram, T.Nagar, Chennai 600 017 ......Plaintiff Vs Mr.Karunakaran S/o.Poomalai No.9/16, Semmallai Thottam Nillavarapatti(PO), Salem.

......Defendant Civil Suit praying that this Hon'ble Court be pleased to pass a judgement and Decree (a) Directing the Defendant to pay a sum of Rs.1,00,00,100/- (Rupees One Crore and One hundred Only) to the Plaintiff towards damages together with interest at the rate of 18% per annum from the date of the plaint till date of realization.

(b) of Permanent Injunction restraining the Defendant, his men, agents or servants or any person claiming under the Defendant from in any manner making and spreading any false, libelous, slanderous and defamatory allegations against the plaintiff and

publishing the same in any magazines, Newspapers or any media of any kind.

(c) For costs of the suit This civil suit coming on this day before this court for hearing in the presence of Mr. T.Sundar Rajan, Advocate for the plaintiff herein and Mr.S.Nagarajan, Advocate for the defendant herein and upon reading the pleadings filed herein and the learned counsel for the plaintiff having submitted that the plaintiff is at singapore and there is no response from the plaintiff and in view of the endorsement made by the learned Master, it is ordered as follows:- That the suit in C.S.No.538 of 2019 be and is hereby dismissed.

2) That the plaintiff herein, do pay to the defendant herein, the exemplary costs of this suit, and as and when taxed by the taxing officer of this court and noted in the margin thereof.

WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 16TH DAY OF MARCH 2022.

Sd/- ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SR 23.03.2022 C.S. No.538 of 2019

ORDER

DATED:16.03.2022 THE HON'BLE MR.JUSTICE P.VELMURUGAN FOR APPROVAL: 31.03.2022 APPROVED ON: 01.04.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 16.03.2022 Coram:

THE HON'BLE MR. JUSTICE P.VELMURUGAN C.S.No.538 of 2019 P.Rajarajan ... Plaintiff vs Karunakaran ... Defendant Civil Suit filed under Order IV Rule 1 of Original Side Rules R/w Order VII Rules 1 & 2 of CPC seeking for the following reliefs: (a) directing the defendant to pay a sum of Rs.1,00,00,100/- to the Plaintiff towards damages together with interest at the rate of 18% per anum from the date of the plaint till date of realization; (b) of Permanent Injunction restraining the Defendant, his men, agents or servants or any person claimingunder the Defendant from in any manner making and spreading any false, libelous, slanderous and

defamatory allegations against the Plaintiff and publishing the same in any magazines, Newspapers or any media of any kind; (c) for cost of the suit.

For Plaintiff : Mr.T.Sundar Rajan For Defendants : Mr.S.Nagarajan J UDGMENT Earlier the matter was refer to the learned Master for recording evidence. Before the learned Master, the learned counsel for the plaintiff represented that the plaintiff is at Singapore and sought time for his appearance for recording evidence. Though several opportunities were given, the plaintiff has not entered appearance, even for single hearing and has also not come forward to lead oral evidence and mark documents. After spending considerable time, the learned Master with no other option, on 14.03.2022 referred the matter before this Court for further orders.

2. Today the learned counsel for the plaintiff would submit that the plaintiff is at Singapore and there is no response from the plaintiff.

3. In view of the endorsements made by the learned Master and the submission made by the learned counsel for the plaintiff, this CS is dismissed with exemplary costs.

Sd/-P.V.J.

16.03.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.