Madras High Court
N.Kalyani vs Ct.Saraswathi Achi on 5 February, 2021
C.S.No.817 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
Civil Suit No.817 of 2016
N.Kalyani,
W/o.S.Neelakantan,
No.42, Ramakrishnapuram,
5th Street, Mylapore,
Chennai - 600 004. ... Plaintiff
versus
1.CT.Saraswathi Achi,
W/o.Late Dr.M.Chidambaram,
No.60, Bheemanna Garden Street,
Alwarpet, Chennai - 600 018.
2.Dr.S.Parameswaran also known as Alappan Sabesan,
S/o.Late C.Sabesan,
No.60, Bheemanna Garden Street,
Alwarpet, Chennai - 600 018.
3.S.Ramaswamy,
S/o.Late R.Subramania Vathiyar,
No.5/3, Radhakrishnan Nagar Main Road,
Thiruvanmiyur, Chennai - 600 041.
4.A.Mohammed Saleem,
S/o.Late M.A.Azeez,
No.36, Old No.82, Poes Garden,
Chennai - 600 086.
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C.S.No.817 of 2016
5.K.R.Basha,
S/o.Raja Mohamed,
New No.110, Old No.56,
Second Street, Parameswari Nagar,
Adyar, Chennai - 600 020.
6.K.Murugan,
S/o.Kasi,
New No.2, Old No.6,
Dhanalakshmi Avenue,
Kasturiba Nagar, Adyar,
Chennai - 600 020. ... Defendants
Prayer: Plaint filed under Order IV Rule 1 of the Madras High Court
Original Side Rules, 1956 read with Order VII Rule 1 of C.P.C., praying for
the following judgment and decree as against the defendants;
(i) for the relief of declaration, declaring that the plaintiff is the owner
of the suit schedule properties;
(ii) for the relief of declaration, declaring that the sale deed dated
19.02.2015, registered as Document No.433 of 2015 in the Office of the Sub
Registrar, Adyar, purported to be executed by the defendants 1 & 2 through
their power of attorney, the 3rd defendant in favour of the 4th defendant in
respect of the suit schedule properties as sham and the same as void and
unenforceable and not binding on the plaintiff;
(iii) for the relief of permanent injunction restraining the 3rd and 4th
defendants, their men, agents, servants or anyone claiming under them from
dealing with/alienating and/or altering and putting up construction in the
suit schedule properties;
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C.S.No.817 of 2016
(iv) for a relief of mandatory injunction directing the 4 th defendant to
deliver and handover the vacant possession of the suit schedule properties to
the plaintiff; and
(v) for the costs of the suit.
For Plaintiff : No Appearance
For Defendant Nos.1 to 4 : Mr.M.Arikarasudan
For Defendant Nos.5 & 6 : No Appearance
JUDGMENT
Today, when the suit is taken up for hearing, there was no
representation on behalf of the plaintiff. Learned counsel for the defendants
1 to 4 alone present. Documents perused. Inspite of repeated adjournments,
even after showing the name of the plaintiff in the cause list and also, the
matter is listed under the caption "for dismissal", none have been appeared
on behalf of the plaintiff. Hence, this Civil Suit is dismissed for default.
However, there is no order as to costs.
05.02.2021
Speaking order / Non-speaking order
Index : Yes / No
Internet : Yes
sri
https://www.mhc.tn.gov.in/judis/
C.S.No.817 of 2016
R.PONGIAPPAN, J.
sri
Civil Suit No.817 of 2016
05.02.2021
https://www.mhc.tn.gov.in/judis/
