The Madras High Court dismissed C.S. No. 58 of 2000 for non-prosecution. Neither the plaintiff nor the defendants appeared before the Court on hearing dates despite prior notices, leading to a dismissal without costs.
Suit dismissed for non-prosecution; no costs awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
MONDAY, THE 04TH DAY OF APRIL 2022
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
C.S.No.58 of 2000
S.Kalyanasundaram No.10, Temple Road, Kilpauk, Madras-600 010
..Plaintiff
vs
1.Park Town Benefit Fund Ltd Rep.by its Managing Director No.223, South Mint Street, First Floor, Park Town, Madras - 600 003
2.M/s.Balajee & Co., Auctioneers & Estate Agents No.103, Nyniappa Street, Madras - 600 003
...Defendants
Civil suit praying that this Hon'ble Court be pleased to pass a decree of redemption and judgment in favour of the plaintiff against the defendants:
a)declaring that the amount payable by the plaintiff to the first defendant is a sum of Rs.40,43,320.40 under the mortgage deed dated 15.02.1994 registered as document No.464/1994 on the file of the Subhttps://hcservices.ecourts.gov.in/hcservices/ Registrar, Anna Nagar, Madras.
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b)granting liberty to the plaintiff to apply for a final decree
c)directing the defendants to pay the cost of the suit.
This civil suit coming on this day before this Court for hearing
and the plaintiff and the defendants herein having not appeared in person or
by advocate and upon reading the plaint filed herein and
it is ordered as follows:-
That the suit in C.S.No.58 of 2000 be and is hereby dismissed for non-prosecution.
WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 04TH DAY OF APRIL 2022.
Sd./-
ASSISTANT REGISTRAR (O.S.I)
//Certified to be true copy//
Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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DL 08.06.2022
C.S.No.58 of 2000
ORDER:-
DATED : 04.04.2022
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
FOR APPROVAL: 09.06.2022
APPROVED ON : 09.06.2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2022
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.S.No.58 of 2000
S. Kalyanasundaram
...Plaintiff
.Vs.
Prayer:
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) declaring that the amount payable by the plaintiff to the 1st defendant is a sum of Rs.40,43,320.40 under the mortgage deed dated 15.02.1994 registered as document No.464 of 1994 on the file of the SubRegistrar, Anna Nagar, Madras.
b) granting liberty to the plaintiff to apply for a final decree and c) directing the defendants to pay the cost of the suit
For Plaintiff : No Appearance For Defendants : No Appearance
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J U D G M E N T
This Court by its order dated 16.02.2007, has directed to refer the matter to the Mediation and Conciliation Centre, at the request of the learned counsel for the plaintiff as well as the 1st defendant. Since none of the parties appeared before the Mediation Centre during that period, the matter was again placed before this Court with the Mediation report dated 21.03.2007.
caption "For Un-defendant Board", there was no representation on behalf of both the parties. Further, even though the defendants 1 and 2 were served in the year 2000, they have not filed any Written Statement till date and hence the matter was directed to post on 04.04.2022 under the caption "For Dismissal".
behalf of the plaintiff as well as the defendants either through counsel or in person.
Sd./-V.B.S.J. 06.04.2022
//Certified to be true copy// Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
1 issue framed by the court
Whether the civil suit for redemption of mortgage decree should be dismissed for non-prosecution due to absence of parties.
Park Town Benefit Fund Ltd.
M/s. Balajee & Co. Auctioneers & Estate Agents
V. Bhavani Subbaruyan
Muniswar Nath Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
