THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.S.No.918 of 2009
1. N.Sakthivel
2. N.Karthikeyan 3.S.Kumaraguru 4.S.Muralidharan 5.S.Srinivasan ... Plaintiffs Versus 1.N.Thirugnanasambantham 2.N.Ramalingam 3.N.Thirunavukarasu 4.N.Muruganantham ... Defendants PRAYER : The Civil Suit filed Under Order 4 Rule 1 of O.S. Rules read with Order VII Rule of Civil Procedure Code praying for the following reliefs
a. To pass a decree for partition to divide and allot the schedule of properties in metes and bounds of 2/3 share to plaintiffs
b. For cost For Plaintiffs : No appearance For Defendants : S.Kasirajan for D1 and D2 No appearance for D3 and D4 ******* C.V.KARTHIKEYAN, J.
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J U D G M E N T
By Order dated 04.01.2017 this Court had noted that in this suit issues had been framed on 12.06.2014 and the trial had not commenced. The matter had been posted before the Additional Master -III but the witness for the plaintiff did not appear. This Court had thereafter granted time to the witness to appear on 11.01.2017 and directed the Additional Master III to conduct the trial on day to-day basis. However, the plaintiff or anybody representing the plaintiff had not taken up the opportunity to lead the evidence. The learned counsel for the defendants 1 and 2 alone appeared before the Additional Master – III. The suit was posted on 20.01.2017, 23.01.2017, 25.01.2017 and 01.02.2017. On all these days, it is seen that there was no representation on behalf of the plaintiff. It is evident that the plaintiff is not interested in prosecuting this case. Therefore, the suit is dismissed with costs of Defendants 1 and 2 quantified at Rs.10,000/-.
02.02.2017 Index:yes/no Internet:yes vsi2 Judgment in C.S.No.918 of 2009 http://www.judis.nic.in