IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

WEDNESDAY, THE 02ND DAY OF MARCH 2022

THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN

C.S.No. 63 of 2016

• 1. N. Satish Kumar, Son of Mr. G. Sriramulu, New No.13, (Old No.7), Krishnappa Maistry Street, Edapalayam, Chennai – 600 003.
• 2. N.S. Padma Rani, Wife of Satish Kumar, New No.13, (Old No.7), Krishnappa Maistry Street, Edapalayam, Chennai – 600 003. ... Plaintiffs -Vs-
• 1. P. Zainudheen, S/o. Moidoo, Aged 57 years, No. 18/15, Manikeswari Road, Chennai – 600 010.
• 2. "Sovereign Travel Goods", Represented by P. Zainudheen, S/o. Moidoo, Aged 57 years, Old No.180, New No.108, Netaji Subash Chandra Bose Road, Opposite Flower Bazaar Police Station, Chennai – 600 001.
• 3. "Sovereign Travel Goods Industires", Rep.by its Partner P. Zainudheen, S/o. Moidoo,

Old No.180, New No.108, Netaji Subash Chandra Bose Road, Opposite Flower Bazaar Police Station, Chennai – 600 001. ... Defendants Civil Suit praying that this Hon'ble Court be pleased to pass a Judgment and Decree in favour of the plaintiffs and against the Defendant : a) To declare that the Plaintiffs are the Absolute Owners of the Suit

"B" Schedule Property.

b) To direct the defendants to quit and deliver vacant possession of the Suit "B" Schedule property to the plaintiffs.

c) To grant permanent injunction restraining the defendant, his men, agents and assigns or anyone claiming through or under them or on their behalf from in any manner encumbering, alienating, conveying or transferring the suit "B" Schedule property, claiming to be owners thereof.

d) To direct the defendant jointly and severally to pay a sum of Rs.1,00,000/- per month as damages for the illegal use and occupation of the Western portion of 995 Sq.ft of land with total built-up area 1990 Sq.ft (i.e. 995 Sq.ft in the ground floor and 995 Sq.ft on the first floor) of the suit "B" Schedule Property, from the date of purchase of the suit property i.e., 01.09.2014 till the month of filing the plaint, amounting to Rs.16,00,000/- (Rupees Sixteen Lakhs only) for sixteen months.

e) To pay for future damages at the rate of Rs.1,00,000/- per month from date of plaint i.e. from January, 2016 till handing over vacant

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possession of the suit "B" Schedule Property to the plaintiffs.

f) To award Costs of the suit.

This Civil Suit along with these C.S.No. 983 of 2015 and Tr.C.S.No. 255 of 2021 coming on this day before this Court for hearing in the presence of Mr.R.Parthasarathi, Advocate for the 3 rd defendant herein and the plaintiffs herein not appearing in person or by advocate and upon reading the plaint filed herein and the order dated 10.12.2021 made in C.S.No.721 and 983 of 2015 and C.S.No. 63 of 2016 and Tr.C.S.No. 255 of 2021, and this Court having observed that there is no representations on behalf of the plaintiff either through counsel or in person,

it is ordered as follows :-

That the Civil Suit in C.S.No. 63 of 2016 be and is hereby dismissed for non prosecution.

2. 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 02ND DAY OF MARCH 2022.

Sd/- ASSISTANT REGISTRAR (O.S. I) //Certified to be true copy// 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.

ED 15.03.2022

C.S.No. 63 of 2016

ORDER

DATED : 02.03.2022

THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN

FOR APPROVAL : 15.03.2022

APPROVED ON : 16.03.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2022

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

C.S.No.983 of 2015, C.S. No.63 of 2016 and Tr. C.S.No.255 of 2021

.Vs.

.Vs.

C.S. No. 983 of 2015

1.N. Sathish Kumar

2. N.S. Padma Rani ...Plaintiffs

K. Murali ... Defendant

C.S. No. 63 of 2016

1.N. Sathish Kumar

2. N.S. Padma Rani ...Plaintiffs

1.P. Zainudheen

2. "Sovereign Travel Goods" Rep. by P. Zainudheen, Old No.180, New No.180, Netaji Subash Chandra Bose Road, Opp. Flower Bazaar Police Station, Chennai - 600 001. ... Defendants

Tr. C.S. No. 255 of 2021

1.N. Sathish<br>Kumar
2. N.S. Padma Rani	Plaintiffs

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Vathsavaradhan ... Defendant

Prayer in C.S.No.983 of 2015:

Plaint filed under Order VII Rule 1 of the CPC read with Order IV Rule 1 of the Original Side Rules praying for a judgment and decree as follows:-

a) To declare that the plaintiffs are the absolute owners of the suit "B" schedule property;

b) To direct the defendant to quit and deliver vacant possession of the suit "B" schedule property to the plaintiffs

c) To grant permanent injunction restraining the defendant, his men, agents and assigns or anyone claiming through or under them or on their behalf from in any manner encumbering, alienating, conveying or transferring the suit "B" schedule property, claiming to be owners thereof.

d) to direct the defendant to pay a sum of Rs.1,00,000/- per month as damages for the illegal use and occupation of the Eastern portion of 1000 Sq.ft of land with total built-up area 1600 Sq.ft. (ie.1000 Sq.ft ground floor and 600 Sq.ft on the first floor) of the suit "B" schedule property, from the date of purchase of the suit property ie. 01.09.2014 till date of purchase of the suit property. ie. 01.09.2014 till date ie. 26.10.2015 amounting to Rs.14,00,000/- (Rupees Fourteen Lakh Only) for fourteen months.

e) To pay for future damages at the rate of Rs.1,00,000/- per month from the date of plaint till handling over vacant possession of the suit "B" schedule property to the plaintiffs.

f) To grant permanent injunction restraining defendant his men, agents or anyone claiming through or under him or on his behalf from interfering with the plaintiff's peaceful possession and enjoyment of the suit "B" schedule property.

g) to award costs of the suit.

Prayer in C.S.No.63 of 2016:

Plaint filed under Order VII Rule 1 of the CPC read with Order IV Rule 1 of the Original Side Rules praying for a judgment and decree as follows:-

a) To declare that the plaintiffs are the absolute owners of the suit "B" schedule property;

b) To direct the defendant to quit and deliver vacant possession of the suit "B" schedule property to the plaintiffs

c) To grant permanent injunction restraining the defendant, his men, agents and assigns or anyone claiming through or under them or on their behalf from in any manner encumbering, alienating, conveying or transferring the suit "B" schedule property, claiming to be owners thereof.

d) to direct the defendant to pay a sum of Rs.1,00,000/- per month as damages for the illegal use and occupation of the Western portion of 995 Sq.ft of land with total built-up area of 1990 Sq.ft. (ie.995 Sq.ft in the ground floor and 995 Sq.ft on the first floor) of the suit "B" schedule property, from the date of purchase of the suit property ie. 01.09.2014 till the month of filing the plaint, amounting to Rs.16,00,000/- (Rupees Sixteen Lakh Only) for Sixteen months.

e) To pay for future damages at the rate of Rs.1,00,000/- per month from the date of plaint ie. from January, 2016, till handling over vacant possession of the suit "B" schedule property to the plaintiffs.

f) to award costs of the suit.

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Prayer in Tr. C.S.No.255 of 2021:

Plaint filed under Order VII Rule 1 of the CPC read with Order IV Rule 1 of the Original Side Rules praying for a judgment and decree as follows:-

a) To direct the defendant to pay damages for cheating, for litigation expenses, for suppression of facts and for mental agony and also for loss accrued in the business for the sum of Rs.50,00,000/- to each plaintiff (ie. Totalling Rs.1,00,00,000/-(Rs.One Crore) along with interest @12% per annum from the date of filing of the suit (25.07.2017) till the date of realization.

b) To grant costs of this suit and such further or other reliefs as are just equitable and necessary as this Hon'ble Court may deem fit and proper in the circumstances of the case.

C.S.No.983 of 2015

For Plaintiffs	: No<br>Appearance
For Defendants	: Mr.<br>K. Shakespeare
	********
<u>C</u>	C.S. No.63 of 2016
For Plaintiffs	: No<br>Appearance
For Defendant-3	: Mr.<br>R. Parthasarathi<br>********
and Tr. C.S.No.255 of 2021
For Plaintiffs	: No<br>Appearance
For Defendant	: Mr.<br>K.P. Ashok<br>********

J U D G M E N T

When the matters were listed on 11.02.2022, there was no representation on behalf of the plaintiffs in the aforesaid suits in C.S. No.983 of 2015, C.S.No.63 of 2016 and Tr. C.S. No.255 of 2021. Hence, the matters were directed to be listed after two weeks. When the matters were taken up for hearing on 28.02.2022, there was no representation for the plaintiffs in all the matters and hence the matters were directed to be listed on 02.03.2022 under the caption for dismissal.

2. Despite the same, even today, there is no representations on behalf of the plaintiffs either through counsel or in person.

3. In view of the above, the aforesaid Civil Suits are dismissed for non prosecution. No costs.

Sd./- V.B.S.J., 02.03.2022

//Certified to be true copy// 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.