Madras High CourtCS/200/2017dismissed for nonprosecution

Komalammal Trust v. K.Sridharan

2022-11-04Honourable Mr Justice G. Chandrasekharan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2022

CORAM

THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN 1.Komalammal Trust having its Registered off: New No.10, Old No.165, Dr.Besant Road, Triplicane, Chennai - 600 005.

Represented by its Trustees Aathinarayan Damodaran S/o Aathinarayan Chetty, Flat 1101, 11th Floor, Phase 2, Lane - 6, Korageon Park, Next to State Bank of India, Pune 411001, Maharastra State.

2.Rajesh Kumar ...Plaintiffs Vs.

1.K.Sridharan 2.Dr.K.Prabakar 3.Sheela Jayanthi 4.Ramesh 1/5

5.Krishna Kumar 6.V.Balaji ...Defendants PRAYER: Civil Suit is filed under Order IV Rule 1 of O.S.Rules r/w Order VII Rule 1 C.P.C and Section 92 C.P.C., to 1)directing sale of the suit property under Section 92 (f) C.P.C. with suitable directions to the Commissioner to be appointed to carry out the said purpose or 2)In the alternative appointing an Advocate Commissioner to call for tenders inviting offers for joint development of the suit property and give further and other direction for the development of the property in a manner popularly known as "Joint Venture" of the suit property. For Plaintiffs : M/s.K.Chandrasekaran (No appearance) For Defendants : M/s.C.T.Mohan

JUDGMENT

C.S.No.200 of 2017 is filed for directing the sale of suit property under Section 92 (f) of C.P.C and for other reliefs. 2.When the matter was taken up on 26.09.2022, the learned counsel appearing for the plaintiffs reiterated that he is reporting "No instructions 2/5

from the plaintiffs". This Court directed the Registry to issue notice to the plaintiffs and print their names in the cause list. 3.Again when the matter was taken up on 18.10.2022, there was no representation for the plaintiffs despite the names had been printed in the cause list. Therefore the matter is ordered to be posted for dismissal under the caption "For Dismissal".

4.Today, this suit is posted under caption "For Dismissal". Today also there is no representation for the plaintiffs. Plaintiffs are not present. Therefore, this suit is dismissed for non prosecution. No costs. 04.11.2022 ep Index:Yes/No Speaking Order: Yes/No To The Section Officer, VR Section, High Court of Madras.

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