Civil suit seeking declaration of a share in property, nullification of sale deeds and title-deed deposits, and injunction. With the plaintiff repeatedly absent on the hearing and dismissal dates, the court dismissed the suit for non-prosecution without costs.
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CS No. 2 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-06-2026
CORAM
THE HON'BLE DR.JUSTICE A.D.MARIA CLETE CS No. 2 of 2025
Vijay Krishnan
..Plaintiff(s)
Vs
6. M.Magesh Kumar ....Defendant(s)
6th defendant impleaded as per order dated 13.03.2026 in A.No.5818 of 2025
Prayer:- Civil Suit filed under Order IV Rule 1 of Rules of the High Court, Madras Original Side 1994 r/w Order VII Rule 1 of Code of Civil Procedure 1908 praying to a) declare that the plaintiff is the absolute owner of 4/9th share in the property morefully described in the Schedule A and B hereunder and consequently direct the defendants 1, 2 and 5 to hand over possession of the Plaint A and B schedule properties b) declare that the sale deed dated 01.10.2012 executed by plaintiff, his mother and 3rd defendant represented by her agent in favour of defendants 1 & 2 in respect of Schedule A registered as Document No.2035 of 2012 in the office of the Sub Registrar, Adyar as null and
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CS No. 2 of 2025
void, c) declare that the sale deed dated 12.08.2013 executed by plaintiff his mother and 3rd defendant represented by her agent in favour of defendants 1 & 2 in respect of Schedule B registered as Document No.2115 of 2013 in the office of the Sub Registrar, Adyar as null and void, d) declare the deposit of title deed dated 17.10.2012 executed by defendants 1 & 2 in favour of 5th defendant Bank in respect of Schedule A as registered as Document No.2129 of 2012 in the office of the Sub Registrar, Adyar as null and void, e) declare the deposit of Title deed dated 13.09.2013 executed by defendants 1 & 2 in favour of 5th defendant Bank in respect of Schedule B registered as Doucment No.2261 of 2013 in the office of the Sub Registrar, Adyar as null and void, f) declare the deposit of title deed dated 26.09.2017 executed by defendants 1 & 2 in favour of 5th defendant in respect of Schedule A & B registered as Document No.2548 of 2017 in the office of the Sub Registrar, Adyar as null and void, g) permanent injunction restraining the defendants, their men, agents, servants anyone claiming under them or acting on their behalf from in any manner interfering with the plaintiffs’ peaceful possession enjoyment of the plaint schedule mentioned property in any manner whatsoever other than by following due process of law, h) directing the defendant to pay the costs of the suit.
For Plaintiff : No appearance For Defendants : Dr.N.Moorthi (1583/2007) M/s.Evangeline Vak For D1 And D2-d.No-9483/2025- Filed On-10/03/2025 M/s.P.V.Murlidhar(274/1978) M.Praveen Kumar(1567/199) R.I.Ramesh (559/2005) P.M.Surendhar (3273/2014) Vak For D5- D.No-8264/2025- Filed On 03/03/2025 M/s.K.Kumudham Barathi (2314/2020) M.V.Arjun Ram(6801/2024) Vak For D4-d.No-45747/2025-filed On 03/12/2025 D-3 SUJATHA KRISHNAN
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CS No. 2 of 2025
JUDGMENT
When the matter was listed for hearing on 11.06.2026, there was no representation for the plaintiff, hence, Registry was directed to list the matter under the caption “for dismissal” on 16.06.2026. When the matter is called today i.e., 16.06.2026 there is no representation for the plaintiff and hence it is clear and evident that the plaintiff is not interested in prosecuting the Civil Suit.
16-06-2026
Index: Yes/No
DPQ
__________ Page3 of 4
CS No. 2 of 2025
DR.A.D.MARIA CLETE, J.
dpq
CS No. 2 of 2025
16.06.2026
__________ Page4 of 4
Vijay Krishnan
M.R.Bhaarath
Ramya
Sujatha Krishnan
Rajalakshmi Krishnan
Indian Bank Rep. By its General Manager Guindy Branch PB No.3171, SIDCO Building GST Road Guindy Chennai 600 032
A.D.Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
