The Madras High Court dismissed the plaintiff's transfer suit for non-prosecution after finding no effective progress had been made over more than ten years due to an absence of documents.
The suit was dismissed for non-prosecution without any costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.11.2016
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
Tr.C.S.No.543 of 2010
Tmt.Logeswari ...Plaintiff
Vs
Govindaraj @ Babu ...Defendant
PRAYER: This transfer Civil Suit filed under Order VII Rule 1 of CPC, praying for the following Judgment and Decree against the defendant:
(a)injuncting the defendant permanently from indulging in any manner interfering with her possession and occupation of the suit property No.27, Krishna Street, Sathiyamurty Nagar, T.Nagar, Chennai-17, by the plaintiff;
(b) costs of the above Suit.
*** For Plaintiff : No appearance
2
C.V.KARTHIKEYAN, J.
vsg
JUDGMENT
The suit has been transferred from the file of City Civil Court. Before the 18th Assistant City Civil Court, it was numbered as O.S.No.4354 of 2005 and though more than 10 years have passed, since the filing of the suit, there is no effective progress. In fact there is no progress at all. As a matter of fact, even while numbering the plaint, the Office had raised objection that the documents relating to title of possession has not been filed. Even after transfer of the suit, no other documents have been filed.
2. Hence, the transfer Civil Suit is dismissed for non-
prosecution. No costs.
08.11.2016
Vsg Index : Yes/No Internet: Yes/No.
Tr.C.S.No.543 of
2010
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
