Two suits seeking declaration that an ex-parte decree and a release deed were fraudulent and void, with injunction over suit property, were dismissed for non-prosecution when plaintiffs failed to appear on successive hearing dates.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:03.10.2024
CORAM
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
C.S. Nos.208 and 228 of 2015
M.R.Gowrisankar ...Plaintiff in CS.No.208/2015 S.J.Santhosh Kumar ...Plaintiff in CS.No.228/2015
vs
Common Prayer : Civil Suits filed under Order IV Rule 1 of O.S. Rules read
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with Order VII Rule 1 & 2 of the Civil Procedure Code praying for a judgment and decree:-
a) to declare the ex-parte decree dated 17.03.2010 made in CS.No.857 of 2006 on the file of this court as invalid and not binding as the same was obtained by committing fraud, mis-representation and misleading the court;
b) to declare the document of Release Deed dated 07.12.2010 registered as Doc.No.11248/2010 in the S.R.O.Ambattur in pursuance to the Ex-parte decree CS.No.857 of 2006 as null and void and not binding on
the suit property;
c) to grant the permanent injunction to restrain the defendant or their
men or the person claiming through them from any way interfering in the right, title, ownership and peaceful possession of the plaintiff over the suit schedule property and
d) to award the costs of the suit.
For Plaintiffs : No appearance
in both the suits
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C O M M O N J U D G M E N T
Earlier, when these Suits were posted on 26.09.2024 for hearing,
there was no representation on either side in these suits and hence, these matters were directed to be posted on 03.10.2024 under the caption, “for dismissal”.
03.10.2024
Index : Yes/No Internet : Yes Speaking/Non-speaking order gv
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A.A.NAKKIRAN,J. gv
C.S. Nos.208 and 228 of 2015
03.10.2024
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P.Muniamal
E. Raja
E. John alias Panneerselvam
S. Mariammal
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
