The High Court of Madras dismissed a civil suit filed under Order VII Rule 1 CPC for partition and injunction when plaintiffs appeared neither in person nor through counsel on the hearing date, treating it as a case of non-prosecution.
Civil 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.
C.S.No.383 of 1999
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
C.S.No.383 of 1999
1.L.Kanniammal
vs. 1.G.Loganathan 2.L.Koteeswaran 3.L.Sampath
Prayer: Civil Suit filed under Order IV Rule 1 of O.S Rules read with Order VII Rule 1 of Civil Procedure Code, praying to pass the following judgment and decree against the defendants.
a) for a preliminary decree for partition and separate
possession of their 7/10th undivided share in the plaint schedule mentioned properties.
C.S.No.383 of 1999
b) for a permanent injunction restraining the defendants 4 and 5, their agents, servants and men and everyone claiming under them and acting on their behalf from, in any way, bringing the schedule mentioned property to sale, either on 21.06.1999 or on any other day.
c) directing the defendants to pay the cost of the suit.
For Plaintiffs : No Appearance
For Defendants : No Appearance
JUDGMENT
When the matter was taken up for hearing on 18.07.2023 , there
was no representation on behalf of the plaintiffs and hence, the matter was posted under the caption "for dismissal" on 20.07.2023. Even today, (20.07.2023) there is no representation on behalf of the plaintiffs either in person or through the counsel on record. Hence, the Civil Suit is dismissed for non-prosecution. No costs.
20.07.2023
Index:Yes/No Speaking/Non-speaking Order uma
A.A.NAKKIRAN,J.
C.S.No.383 of 1999
uma
C.S.No.383 of 1999
20.07.2023
L.Kanniammal and others
G.Loganathan and others
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
