K.A.Baskaran v. K.A.Rajendran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR. JUSTICE P.B.BALAJI K.A.Baskaran .. Appellant Vs.

1.K.A.Rajendran 2.K.A.Kamalanathan 3.K.A.Prathab 4.K.A.Ethirajan 5.The Sub Registrar Tiruvallur.

.. Respondents **R5 deleted vide order dated 09.04.2012 made in MP.No.1/2012 in AS.No.133/2012 Prayer:- Appeal Suit filed under Order 41 Rule 1 of CPC read with Section 96 of CPC against the judgment and decree dated 29.11.2011 made in OS.No.129/2010 on the file of the learned Principal District Judge, Tiruvallur.

For Appellant :

No appearance For R1 :

No appearance For RR2 to 4 :

Dismissed as per court order.

JUDGMENT

[Judgment of the Court was delivered by S.S.SUNDAR, J.,] (1) When the matter was listed on 16.03.2023 [yesterday], there was no representation for the appellants. This Court dismissed the appeal as against respondents 2 to 4 since the appellant did not take steps to issue notice to respondents 2 to 4. However, the appeal suit was listed for hearing on merits as against the 1st respondent. After recording these facts, this Court directed the Registry to post the appeal suit under the caption ''For Dismissal'' on 18.03.2023. (2) Despite the appeal suit is listed today [17.03.2023] under the caption ''For Dismissal'', there is no representation for the appellant. Hence, this Court is left with no other option except to dismiss the appeal suit for non prosecution.

(3) Accordingly, the Appeal Suit stands dismissed for non

prosecution. No costs.

[SSSRJ] [PBBJ] 17.03.2023 AP Internet : Yes To 1.The Principal District Judge, Tiruvallur.

2.The Section Officer VR Section, High Court Chennai.

S.S.SUNDAR, J., AND P.B.BALAJI, J.

AP 17.03.2023