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Janaki Arunachalam Vs Archana — Civil Procedure and Limitation | Madras HC (2022)

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Madras HC
2022
Janaki Arunachalam Vs ArchanaJanaki Arunachalam v. Archana

Dismissed

Janaki Arunachalam v. Archana

Madras HC18 Apr 2022CS/590/2010

Case brief

from the order text

What is this about?

COURT OF JUDICATURE AT MADRAS (ORDINARY…

What the court decided

AI extract

Outcome

A

1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

MONDAY, THE 18TH DAY OF APRIL 2022

THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

C.S.No.590 of 2010

Janaki Arunachalam No.2, 1st Main, 1st Cross, RMV 2nd Stage, Dollars Colony, Bangalore - 94 Karnataka ... Plaintiff

Vs.

Archana 82, T-41, City Light, Andalammal Street, V.G.N.Nagar, Nulaagambur, Mugappair West, Chennai- 600 095 ... Defendant

Civil suit praying that this Hon'ble Court be pleased to pass a

judgment and decree as against the defendant:

a)For Recovery of a sum of Rs.1,00,00,000/- as damages as against the defendant with future interest at 18% per annum from the date of the plaint till date of realisation for the unfounded defamatory statements made as against the plaintiff in the matrimonial proceedings in O.P.No.39 of 2010

Statutes considered

2 provisions across 2 enactments

AI extract

Order IV Rule 1Order IV, Rule 1 of O.S. Rules
Order VII Rule 1Order VII Rule 1 of CPC, 1908

Coram

AI extract

V. Bhavani Subbaroyan

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 18 Apr 2022 · April
Registered: 24 Jun 2010
Case no.: CS/590/2010

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Cite this judgement

Janaki Arunachalam v. Archana, CS/590/2010 (MAD), decided on 18 April 2022.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Order IV Rule 1Order IV, Rule 1 of O.S. Rules
Order VII Rule 1Order VII Rule 1 of CPC, 1908

View all statutes

Bench / Coram

V. Bhavani Subbaroyan

Parties & counsel

Dismissed

A compact analysis

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.

https://hcservices.ecourts.gov.in/hcservices/

and in O.P.No.1626 of 2009 on the file of the II Family Court, Chennai.

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b)For a permanent injunction restraining the defendant from making

any scurrilous, scandalous and malicious allegations as against the plaintiff and her family members in any of the matrimonial proceedings or in public or in private which may tend to injure the status, reputation and character of the plaintiff;

c)For a permanent injunction restraining the defendant from writing or publishing any letters or articles about the conduct and character of the plaintiff in any proceedings between the defendant and her husband Mohan Kumar with public or private perpetually which may undermine the reputation, image and stature of the plaintiff perpetually;

e)for costs of the suit;

This civil suit coming on this day before this court for hearing in the

presence of Mr.S.Ratnasabapathy, Advocate for the defendant herein and the plaintiff 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.590 of 2010 be and is hereby dismissed for

non-prosecution.

https://hcservices.ecourts.gov.in/hcservices/

3

That there shall be no costs of this suit.

WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 18TH DAY OF APRIL 2022.

ASSISTANT REGISTRAR (O.S.I)

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.

https://hcservices.ecourts.gov.in/hcservices/

4

DL 04.05.2022

C.S.No.590 of 2010

ORDER

DATED : 18.04.2022

THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

FOR APPROVAL :05.05.2022

APPROVED ON :05.05.2022

https://hcservices.ecourts.gov.in/hcservices/

5

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 18.04.2022

CORAM :

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.S.No. 590 of 2010 (A)

Janaki Arunachalam ..Plaintiff

Versus

Archana ..Defendant

Prayer:- Civil Suit is filed under Order IV, Rule 1 of O.S.Rules read with Order VII Rule 1 of CPC., 1908, (a) for recovery of a sum of Rs.1,00,00,000/- as damages as against the defendant with future interest at 18% per annum from the date of the plaint till the date of realization for the unfounded defamatory statements made as against the plaintiff in the matrimonial proceedings in O.P.NO. 39 of 2010 and in O.P.No. 1626 of 2009 on the file of the II Family Court, Chennai.

(b) for a permanent injunction restraining the defendant from making any scurrilous, scandalous and malicious allegations as against the plaintiff and her family members in any of the matrimonial proceedings or in public or in private which may tend to injure the status, reputation and character of

the plaintiff.

https://hcservices.ecourts.gov.in/hcservices/ (c) for a permanent injunction restraining the defendant from writing or publishing any letters or articles about the conduct and character of the

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plaintiff in any proceedings between the defendant and her husband Mohan Kumar with public or private perpetually which may undermine the reputation, image and stature of the plaintiff perpetually which may undermine the reputation, image and stature of the plaintiff perpetually and for costs.

For Plaintiff : No Appearance For Defendant : Mr.S. Ratnasabapathy

JUDGEMENT

When the case was taken up for hearing on 11.04.2022, there was no representation for the plaintiff. Hence, the matter was directed to be posted today i.e, on 18.04.2022, under the caption “for dismissal”. Even today, there is no representation for the plaintiff either in person or through his learned counsel. Therefore, this Civil Suit is dismissed for non-prosecution. No costs.

18.04.2022

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.

https://hcservices.ecourts.gov.in/hcservices/

CNR

HCMA010086902010

Topic

Civil Procedure and Limitation

Bench

V.bhavani Subbaroyan

Disposal

DISMISSED FOR NON-PROSECUTION

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