C.S.No.470 of 2005 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.10.2023 CORAM: THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN C.S.No.470 of 2005 and A.Nos.6612 to 6617 of 2009 1.D.A. Lilly 2.D.A. Rose Kantha 3.D.A. Devaranjitham .. Plaintiffs vs. 1.D.A.Gunasekaran 2.D.A. Manoa Sampath 3.D.A.Jayaseelan 4.D.A.Daniel 5.D.A.Victor .. Defendants Prayer: Civil Suit filed under Order VII Rule 1 of Civil Procedure Code, praying to pass the following judgment and decree against the defendants. a) to effect division of the suit property namely house and ground bearing Old No.76, New No.51, Church Lane, Tondiarpet, Madras-81 morefully described in the schedule hereunder by metes and bounds and to deliver possession of 3/8th share to the plaintiffs 1 to 3 above named; 1/5 https://www.mhc.tn.gov.in/judis C.S.No.470 of 2005 b) permanent injunction restraining the defendants 1 to 5 from in any manner interfering with their peaceful possession and enjoyment of the suit property morefully described in the Schedule hereunder; c) to appoint an Advocate Commissioner to divide the property by metes and bounds and allot 3/8th share to the plaintiff 1 to 3; d) to direct the defendants 1 to 5 to render accounts for the rental collections for the suit property and pay the 3/8th share to the plaintiffs; e) to pay the costs of the suit. For Plaintiffs : No Appearance For Defendants : No Appearance JUDGMENT When the matter was taken up for hearing on 18.08.2023, there was no representation for the plaintiffs and this Court directed the Registry to remove the name of Mr.P.K.Sivasubramaniam as counsel for the plaintiffs; print the name of the plaintiffs; issue notice to the plaintiffs and post the 2/5 https://www.mhc.tn.gov.in/judis C.S.No.470 of 2005 matter on 01.09.2023. Even today, (30.10.2023) the plaintiffs are not appeared before this Court and the notice issued to the plaintiffs 1 & 2 was returned with an endorsement "no more" along with the death certificate of the plaintiffs 1 & 2. Further, the notice issued to the 3rd plaintiff was also returned with an endorsement "vacated". Hence, the Civil Suit is dismissed for non-prosecution. No costs. Consequently, connected applications are closed. 30.10.2023 Index:Yes/No Speaking/Non-speaking Order (1/2) uma 3/5 https://www.mhc.tn.gov.in/judis C.S.No.470 of 2005 A.A.NAKKIRAN,J. uma C.S.No.470 of 2005 and A.Nos.6612 to 6617 of 2009 (1/2) 4/5 https://www.mhc.tn.gov.in/judis C.S.No.470 of 2005 30.10.2023 5/5 https://www.mhc.tn.gov.in/judis