Suit for declaration of ownership and eviction was dismissed for non-prosecution as neither plaintiffs nor their counsel appeared before the court despite multiple notices and listings.
Suit dismissed for non-prosecution. No costs awarded.
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 : 05.02.2018
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.737 of 2013
1.M.Kalasree
2.S.Roshan Prakash ... Plaintiffs
Versus
1.G.Gopikrishnan
[Amended as per order dated 21.11.2013
in A.No.5555 of 2013]
2.B.Kumara Krishnan ... Defendants
Plaint filed under Order IV Rule 1 of the Original Side Rules and read with Order VII Rule 1 of Civil Procedure Code praying to pass a judgment and decree:
a) to declare that the cancellation deed dated 09.12.2010 executed by the mother-in-law of the 1st plaintiff and registered as document No.4240 of 2010 in Book No.I, in the office of the Sub-Registrar of Anna Nagar, Chennai on 03.12.2010 as “NULL AND VOID AB-INITIO” and will not be binding upon the plaintiffs;
b) To declare that the plaintiffs alone are the absolute
2
joint owners of the Schedule – B Property as per the settlement deed dated 09.12.2004 registered as Document No.5043 of 2004, in Book No. I, in the office of the Sub-Registrar of Anna Nagar, Chennai as they are the class – I legal heirs of the deceased late Mr. G.Siva Prakash son of late Smt. Anusya Devi and mother-in-law of the 1st plaintiff herein;
c) Consequently, direct both the defendants to quit and deliver the vacant possession of the suit Schedule – B property to the plaintiffs;
d) To direct the 1st defendant to render a true and proper account of rents at the rate of Rs.10,000/- per month received from the 2nd defendant from the date of death (02-12-2011) of Smt.Anusuya Devi till upto date of plaint; and
e) for cost of the suit.
For Plaintiffs : No appearance For Defendants : M/s. Elanthirayan for M/s.Sai Bharath & Ilan
J U D G M E N T
Since none appeared for the plaintiff before the learned Additional Master for more than six occasions, the learned Additional Master had
directed the matter to be listed before this Court for further orders.
3
appeared for the plaintiffs on that day also, the matter was directed to be listed for dismissal today (05.02.2018). Even today, none appears for the
plaintiffs.
05.02.2018
dsa
Index : No
Internet : Yes
Non-speaking Order
List of the witnesses examined on the side of the plaintiffs : Nil
List of Exhibits marked on the side of the plaintiffs: Nil
List of the witnesses examined on the side of the defendants : Nil
List of Exhibits marked on the side of the defendants: Nil
05.02.2018
dsa
4
R.SUBRAMANIAN, J.
dsa
C.S.No.737 of 2013
05.02.2018
M.Kalasree
S.Roshan Prakash
G.Gopikrishnan
B.Kumara Krishnan
R.Subramaniant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
