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Madras High CourtAS/510/2013dismissed for nonprosecution

Vasantha v. Arulmighu Arunachaleswarar

2019-02-07Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice C.SARAVANAN A.S.No.510 of 2013 and M.P.No.1 of 2013 1.Vasantha 2.V.Kamalakannan ..

Appellants / Defendants Vs Arulmighu Arunachaleswarar Devasthanam rep. by its Joint Commissioner/Executive Officer, Tiruvannamalai. ..

Respondent / Plaintiff Appeal preferred under Section 96 C.P.C. against the judgment and decree dated 21.09.2012 made in O.S.No.40 of 2009 on the file of the Principal District and Sessions Judge, Tiruvannamalai.

For Appellants ..

Mr.S.Sasikumar For Respondents ..

No appearance

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.) This appeal is preferred against the judgment and decree dated 21.09.2012 made in O.S.No.40 of 2009 on the file of the Principal District and Sessions Judge, Tiruvannamalai. 2.Though the matter is pending for nearly six years, neither notice has been served on the respondent nor the counsel for the appellants has got instructions. It is submitted by the learned counsel for the appellants that the communications sent by him, have not been responded by the appellants.

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3.In such view of the matter, we are not inclined to keep the appeal pending any longer. Accordingly, the appeal is dismissed for non-prosecution, however, with liberty to the appellants to file an appropriate petition for restoration, if so advised. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar mmi To

1. The Principal District and Sessions Judge, Tiruvannamalai.

A.S.No.510 of 2013 KS(CO) SSM(06/03/2019) https://hcservices.ecourts.gov.in/hcservices/