K.V.Krishnakumar … vs N.D.S.Nafeeza
2021 Latest Caselaw 23319 Mad

                                                                                   C.S.No.793 of 2010

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 29.11.2021

                                                         CORAM

                                  THE HONOURABLE MR.JUSTICE N.SESHASAYEE

                                                     C.S.No.793 of 2010

                     K.V.Krishnakumar                                           … Plaintiff
                                                            Vs.

                     N.D.S.Nafeeza                                              ... Defendant



                     Prayer: The Civil Suit has been filed under Order IV Rule 1 of the Original
                     Side Rules read with Order VII Rule 1 of C.P.C. 1908, praying to pass a
                     judgment and decree against the defendants

                     (a) directing the Defendant to deliver vacant possession of the schedule
                     mentioned property to the Plaintiff.

                     (b) directing the Defendant to pay the Plaintiff a sum of Rs.3,60,000/-
                     together with interest at 24% p.a. on the said sum from the date of the plaint
                     till the date of realisation.

                     (c) directing the Defendant to pay the Plaintiff a sum of Rs.10,000/- per
                     month for all future months, from the date of the plaint, being the damages
                     for the illegal use and occupation of the schedule mentioned property, till
                     the date of delivery of vacant possession of the Schedule mentioned
                     property to the plaintiff.


https://www.mhc.tn.gov.in/judis
                                                                                    C.S.No.793 of 2010

                                                                            N.SESHASAYEE, J.
                                                                                                   dk
                     (d) for a consequential permanent injunction restraining the defendants their
                     men, agents, servants, persons, claiming under them or acting under or in
                     trust for them from in any manner interfering or disturbing with the peaceful
                     possession and enjoyment of the Plaintiff in respect of the schedule
                     mentioned in property.

                     (e) permit the plaintiff to the file the above suit as an indigent person and
                     for costs.
                                  For Plaintiff      :     Mr.Balasubramanian
                                                           for Balachander

                                                 JUDGMENT

Learned counsel for the plaintiff submits that the sole plaintiff has passed

away sometime in March 2021.

2.The Legal Representatives of the deceased sole plaintiff are not brought

on record.

3.The suit stands dismissed as abated accordingly. No costs.

29.11.2021

dk

C.S.No.793 of 2010

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