Madras High Court
N. Sathish Kumar vs K. Murali on 2 March, 2022
1 C.S.No.983 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2022
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.S.No.983 of 2015, C.S. No.63 of 2016 and Tr. C.S.No.255 of 2021
C.S. No. 983 of 2015
1.
N. Sathish Kumar
2. N.S. Padma Rani ...Plaintiffs
.Vs.
K. Murali ... Defendant
C.S. No. 63 of 2016
1.N. Sathish Kumar
2. N.S. Padma Rani ...Plaintiffs
.Vs.
1.P. Zainudheen
2. "Sovereign Travel Goods"
Rep. by P. Zainudheen,
Old No.180, New No.180,
Netaji Subash Chandra Bose Road,
Opp. Flower Bazaar Police Station,
Chennai - 600 001. ... Defendants
https://www.mhc.tn.gov.in/judis
Tr. C.S. No. 255 of 2021
1.N. Sathish Kumar
2. N.S. Padma Rani ...Plaintiffs
.Vs.
Vathsavaradhan ... Defendant
Prayer in C.S.No.983 of 2015:
Plaint filed under Order VII Rule 1 of the CPC read with Order IV
Rule 1 of the Original Side Rules praying for a judgment and decree as
follows:-
a) To declare that the plaintiffs are the absolute owners of the suit
"B" schedule property;
b) To direct the defendant to quit and deliver vacant possession of
the suit "B" schedule property to the plaintiffs
c) To grant permanent injunction restraining the defendant, his
men, agents and assigns or anyone claiming through or under them or on
their behalf from in any manner encumbering, alienating, conveying or
transferring the suit "B" schedule property, claiming to be owners
thereof.
d) to direct the defendant to pay a sum of Rs.1,00,000/- per month
as damages for the illegal use and occupation of the Eastern portion of
1000 Sq.ft of land with total built-up area 1600 Sq.ft. (ie.1000 Sq.ft
ground floor and 600 Sq.ft on the first floor) of the suit "B" schedule
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property, from the date of purchase of the suit property ie. 01.09.2014 till
date of purchase of the suit property. ie. 01.09.2014 till date ie.
26.10.2015 amounting to Rs.14,00,000/- (Rupees Fourteen Lakh Only)
for fourteen months.
e) To pay for future damages at the rate of Rs.1,00,000/- per month
from the date of plaint till handling over vacant possession of the suit
"B" schedule property to the plaintiffs.
f) To grant permanent injunction restraining defendant his men,
agents or anyone claiming through or under him or on his behalf from
interfering with the plaintiff's peaceful possession and enjoyment of the
suit "B" schedule property.
g) to award costs of the suit.
Prayer in C.S.No.63 of 2016:
Plaint filed under Order VII Rule 1 of the CPC read with Order IV
Rule 1 of the Original Side Rules praying for a judgment and decree as
follows:-
a) To declare that the plaintiffs are the absolute owners of the suit
"B" schedule property;
b) To direct the defendant to quit and deliver vacant possession of
the suit "B" schedule property to the plaintiffs
c) To grant permanent injunction restraining the defendant, his
men, agents and assigns or anyone claiming through or under them or on
their behalf from in any manner encumbering, alienating, conveying or
https://www.mhc.tn.gov.in/judis
transferring the suit "B" schedule property, claiming to be owners
thereof.
d) to direct the defendant to pay a sum of Rs.1,00,000/- per month
as damages for the illegal use and occupation of the Western portion of
995 Sq.ft of land with total built-up area of 1990 Sq.ft. (ie.995 Sq.ft in
the ground floor and 995 Sq.ft on the first floor) of the suit "B" schedule
property, from the date of purchase of the suit property ie. 01.09.2014 till
the month of filing the plaint, amounting to Rs.16,00,000/- (Rupees
Sixteen Lakh Only) for Sixteen months.
e) To pay for future damages at the rate of Rs.1,00,000/- per month
from the date of plaint ie. from January, 2016, till handling over vacant
possession of the suit "B" schedule property to the plaintiffs.
f) to award costs of the suit.
Prayer in Tr. C.S.No.255 of 2021:
Plaint filed under Order VII Rule 1 of the CPC read with Order IV
Rule 1 of the Original Side Rules praying for a judgment and decree as
follows:-
a) To direct the defendant to pay damages for cheating, for
litigation expenses, for suppression of facts and for mental agony and
also for loss accrued in the business for the sum of Rs.50,00,000/- to
each plaintiff (ie. Totalling Rs.1,00,00,000/-(Rs.One Crore) along with
interest @12% per annum from the date of filing of the suit (25.07.2017)
till the date of realization.
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b) To grant costs of this suit and such further or other reliefs as are
just equitable and necessary as this Hon'ble Court may deem fit and
proper in the circumstances of the case.
C.S.No.983 of 2015
For Plaintiffs : No Appearance
For Defendants : Mr. K. Shakespeare
********
C.S. No.63 of 2016
For Plaintiffs : No Appearance
For Defendant-3 : Mr. R. Parthasarathi
********
and Tr. C.S.No.255 of 2021
For Plaintiffs : No Appearance
For Defendant : Mr. K.P. Ashok
********
JUDGMENT
When the matters were listed on 11.02.2022, there was no
representation on behalf of the plaintiffs in the aforesaid suits in C.S.
No.983 of 2015, C.S.No.63 of 2016 and Tr. C.S. No.255 of 2021.
Hence, the matters were directed to be listed after two weeks. When the
matters were taken up for hearing on 28.02.2022, there was no
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V.BHAVANI SUBBAROYAN, J.,
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representation for the plaintiffs in all the matters and hence the matters
were directed to be listed on 02.03.2022 under the caption for dismissal.
2. Despite the same, even today, there is no representations on
behalf of the plaintiffs either through counsel or in person.
3. In view of the above, the aforesaid Civil Suits are dismissed for
non prosecution. No costs.
02.03.2022
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Index : No
Internet : Yes
Speaking order
C.S.No.983 of 2015,
C.S. No.63 of 2016 and Tr. C.S.No.255 of 2021
https://www.mhc.tn.gov.in/judis
