Mazhar Musthari Fathima vs Ahmed Mustafa Maraikayer
2021 Latest Caselaw 17777 Mad

                                                                                C.S.No.542 of 2016

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 31.08.2021

                                          CORAM : JUSTICE N.SESHASAYEE

                                                    C.S.No.542 of 2016


                     Mazhar Musthari Fathima                          ...        Plaintiff

                                                            Vs.


                     1.Ahmed Mustafa Maraikayer
                     2.Sintha Mathar
                     3.Noor Nayeema Maraikayer

                     4.The Joint Sub Registrar-II
                       Thousand Lights
                       Chennai – 600 014.                             ...        Defendants



                     Prayer : Civil Suit filed under Order VII Rule 1 of CPC., praying to pass
                     a decree and judgement against the defendants :
                                    (a) declaring that the cancellation deed dated 19.03.2014
                                      registered as document No.283/2014 in the Office of Joint
                                      Sub Registrar-II, Thousand Lights by the first defendant as
                                      against the Settlement Deed dated 28.08.2009 as null and
                                      void and not binding on the plaintiff;


                                    (b) declaring that the subsequent settlement deed dated
                                      21.04.2014 executed registered as Document No.412 of

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                                                                                   C.S.No.542 of 2016

                                      2014 in the Office of the Sub Registrar Joint -II, Thousand
                                      Lights as null and void and not binding on the plaintiff;


                                   (c) granting permanent injunction restraining the defendants,
                                      their men, agent or anyone acting on his behalf from
                                      interfering into the plaintiff's peaceful possession and
                                      enjoyment of the suit schedule property;

                                   (d) awarding costs of the suit.


                                      For Plaintiffs      : No Appearance

                                      For Defendants      : Mr.D.Selvakumaran [D3]


                                                        JUDGMENT

On 29.07.2021, Mr.C.H.Vinobha Gandhi, the counsel then on record for

the plaintiff has made a statement before the Court that the plaintiff had

already disengaged his services and taken the case papers from him, and

a memo to that effect has been filed by him. Hence, on the orders of this

Court, plaintiff's name came to be printed in the cause-list today. Even

today, there is no representation for the plaintiff.

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C.S.No.542 of 2016

2. It is represented that the same plaintiff (in C.S.No.542 of 2016) has

been arrayed as 4th defendant in C.S.No.882 of 2015, and in this suit also,

she has not filed her written statement.

3. This Court is left with little option, but to dismiss C.S.No.542 of 2016

for default. Accordingly, C.S.No.542 of 2016 stands dismissed for

default. No costs.

31.08.2021

ds

Index : Yes / No Internet : Yes / No

https://www.mhc.tn.gov.in/judis/

C.S.No.542 of 2016

N.SESHASAYEE.J.,

ds

C.S.No.542 of 2016

31.08.2021

https://www.mhc.tn.gov.in/judis/