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Madras High CourtAS/1060/2012dismissed for nonprosecution

S.Subramani v. S.Karunas

2022-04-08Honourable Mrs Justice S.Kannammal2 pages

A.S.No.1060 of 2012

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2022

CORAM:

THE HONOURABLE MRS.JUSTICE S.KANNAMMAL A.S.No.1060 of 2012 and M.P.No.1 of 2012 S.Subbramani ..Appellant / Defendant

Versus

S.Karunas ..Respondents / Plaintiff Appeal Suit is filed under Section 96 of the Civil Procedure Code, to set aside the judgment and decree dated 30.06.2008 passed in O.S.No.720 of 2007 passed by the learned IV Additional Judge, City Civil Court, Chennai.

For Appellant : No Appearance For Respondent : Mr.M.Balasubramanian

JUDGMENT

Earlier on two occasions i.e., on 18.02.2022 and 10.03.2022, this case has been listed under the caption "for dismissal" as no steps have been taken to bring on record the legal representatives of the deceased sole appellant on record. However, on 22.03.2022, the caption for dismissal has been removed at the instance of the counsel for the appellant and in view 1/2

A.S.No.1060 of 2012 S.KANNAMMAL,J gbi of the memo dated 21.03.2022 filed for change of vakalat, the matter was directed to be listed today.

2.

Even today i.e., on 08.04.2022 when the matter is taken up for hearing, though the counsel for the respondents present, there is no representation on behalf of the appellants. Hence, this first appeal is dismissed for non-prosecution. Consequently, connected Miscellaneous Petition is closed. No Costs.

08.04.2022 Index:Yes/No Speaking/Non Speaking gbi To The IV Additional Judge, City Civil Court, Chennai. A.S.No.1060 of 2012 2/2