M/S.Manikandan vs Sbioa Educational Trust
2022 Latest Caselaw 12037 Mad

                                                                            C.S.No.364 of 2009

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 Date : 06.07.2022

                                                     CORAM:

                                    THE HON`BLE MR.JUSTICE A.A.NAKKIRAN

                                                C.S.No.364 of 2009

                     M/s.Manikandan
                     Rep. by its Proprietor Mr.J.Selvam
                     27, Karnan Street, Mogappair
                     Chennai-600 037.                                  .. Plaintiff

                                                          vs.

                     1. SBIOA Educational Trust
                        represented by its Secretary & Correspondent
                        18, School Road,
                        Anna Nagar Western Extension
                        Chennai-600 101.

                     2. M/s.R.P.Periyasamy & Company
                        Palayapalayam
                        Perundurai Road
                        Erode-638 011.

                     3. M/s.Jayam Constructions
                        Rep. by its Proprietor V.Ravichandran
                        No.41, Ganapathy Nagar
                        Coimbatore.                                    .. Defendants




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https://www.mhc.tn.gov.in/judis
                                                                                           C.S.No.364 of 2009

                     Prayer: Civil Suit filed under Order VI Rule 1 of O.S Rules read with
                     Order VII Rule 1 of CPC read, praying to pass the following judgment and
                     decree against the defendants.


                                          a)    to grant an order of Mandatory injunction
                                  directing the first defendant, its Trustees, Officers, agents,
                                  servants or assigns to invite tenders for the construction of
                                  its school building in plot bearing No.S.F.No.44/1,
                                  Kumarapalayam Village, Chockampudur, Coimbatore
                                  District, through publication;
                                         b) to grant an order of permanent injunction
                                  restraining the second defendant from putting up any
                                  construction activity at the construction of the first
                                  defendant school building in plot bearing No.S.F.No.44/1,
                                  Kumarapalayam Village, Chockampudur, Coimbatore
                                  District.
                                         c) for costs of the suit.


                                               For Plaintiff         : No Appearance

                                               For Defendants        : No Appearance




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https://www.mhc.tn.gov.in/judis
                                                                                       C.S.No.364 of 2009



                                                       JUDGMENT

Earlier, when this Civil Suit was posted on 07.06.2022, 15.06.2022

and 28.06.2022 for hearing, there was no representation for the plaintiff and

hence, the matter was posted today under the caption “for dismissal”. Even

today, (06.07.2022) there is no representation on behalf of the plaintiff

either in person or through the counsel on record. Hence, the Civil Suit is

dismissed for non-prosecution. No costs.

06.07.2022

Index : Yes/No Internet : Yes Speaking/Non-speaking order uma

List of Witnesses & documents on either side :

Nil

A.A.NAKKIRAN,J.

https://www.mhc.tn.gov.in/judis C.S.No.364 of 2009

uma

C.S.No.364 of 2009

06.07.2022

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