The Civil Judge dismissed this civil suit for default as the plaintiff failed to appear before the Master on the designated date despite a prior notice.
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: 06.10.2017
CORAM
THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN
C.S.No.1032 of 2009
P.Muralikrishna,
Proprietor,
Sruthilaya Constructions,
Plot No.14, Flat No.1, Sruthilaya Apartments,
Venkatesa Nagar, 1 st Street (Extn),
Saligramam,
Chennai-600 093. ... Plaintiff
.Vs.
1.A.Abraham Selvakumar,
No.3, 17, Nanchil Flats,
New Colony, 4 th Street,
Adambakkam, Chennai-600 088.
2.Dena Bank,
rep.by its Regional Manager,
Chennai Regional Office,
32, Venkatesan Street,
T.Nagar, Chennai-600 017. ... Defendants
PRAYER : The Civil Suit filed Under Order VII Rule 1 of Civil Procedure Code read with Order IV rule 1 of O.S.Rules.
a) for a declaration that the plaintiff is the absolute owner of the superstructure of schedule mentioned property;
2
c) for a declaration the mortgage said to have been created by the 1st defendant in favour of the 2nd defendant is null and void and consequently the purported proceedings against the schedule mentioned property under SARFASSI Act is null and void;
(d) for a permanent injunction restraining the 2nd defendant and their officials, from in any way proceeding against the schedule mentioned property under the purported provisions of SARFAESI Act in any manner whatsoever.
(e) Directing the defendants to pay costs of this suit and grant
such other and further reliefs.
For Plaintiff : No Appearance
For Defendants : No Appearance
J U D G M E N T
Since, the witness was not present before the Additional
Master on 21.03.2017, the matter was listed before this Court on 04.10.2017. As none appeared for the plaintiff on 04.01.2017, I had directed the matter to be posted under the caption 'for dismissal' on 06.10.2017. Even today, none appears for the plaintiff. Hence, the
suit is dismissed for default. No costs.
06.10.2017
Index:No
Internet:Yes
KP
To
The Sub Assistant Registrar, Original Side, High Court, Madras.
3
R.SUBRAMANIAN,. J.
KP
C.S.No.1032 of 2009
06.10.2017
P. Muralikrishna
A.A. Abraham Selvakumar
Dena Bank
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court