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Madras High CourtCS/432/2017dismissed as abated

T.R.Pachamuthu @ Paari Vendhar v. S.Mukanchand Bothra

2019-06-11Honourable Mr Justice R. Subramanian4 pages

IN THE sHIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No. 432 of 2017 and A.Nos.2844 of 2019 & 4050 of 2017 and O.A.No. 601 of 2017 T.R.Pachamuthu @ Paari Vendhar ..Plaintiff Vs.

S.Mukanchand Bothra ..Defendant Prayer: Plaint filed under Order IV Rule 1 of O.S.Rules r/w. Order VII Rule 1 of the Code of Civil Procedure, 1908 praying as follows: a. for permanent injunction restraining the defendant, his agents, servants, and anyone claiming under him and acting on his behalf from in any way further making and publishing false and defamatory statements against the plaintiff in any print media or television media or in any other manner whatsoever;

b. directing the defendant to pay a sum of Rs. 10,00,00,000/- (Rupees Ten Crores only) to the plaintiff towards damages; c. Directing the defendant to pay the costs of the suit and for other reliefs. For Plaintiff : Mr.B.Aravind Srivatsa for Mrs.B.Saraswathi For Defendant(Deceased) : Mr.S.Mukanchand Bothra (Party in Person)

O R D E R

Plaint filed under Order IV Rule 1 of O.S.Rules r/w. Order VII Rule 1 of the Code of Civil Procedure, 1908 praying as follows: a. for permanent injunction restraining the defendant, his agents, servants, and anyone claiming under him and acting on his behalf from in any way further making and publishing false and defamatory statements against the plaintiff in any print media or television media or in any other manner whatsoever;

b. directing the defendant to pay a sum of Rs. 10,00,00,000/- (Rupees Ten Crores only) to the plaintiff towards damages; c. Directing the defendant to pay the costs of the suit and for other reliefs.

2. This suit has been filed by the plaintiff seeking permanent injunction restraining the sole defendant from making and publishing false and defamatory statements against the plaintiff in any print media or social media and directing the defendant to pay a sum of Rs.10,00,00,000/- (Ten Crores only) as damages. The sole defendant had died on 17.04.2019. The cause of action being personal and nature, I do not think that the suit can be proceeded against the legal representatives. Hence, this suit is dismissed as abated. Consequently, connected applications are closed. No costs. 11.06.2019 kkn

R.SUBRAMANIAN, J.

kkn C.S.No. 432 of 2017 and A.Nos.2844 of 2019 & 4050 of 2017 and O.A.No. 601 of 2017 11.06.2019