Purushothaman v. Ambigaidasan

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 1.Purushothaman 2.Madhi Ammal 3.Chinnayal .. Appellants Vs.

1.Ambigaidasan 2.Thirunavukkarasu Ammal 3.Devagi .. Respondents Prayer:- Appeal Suit filed under Section 96 of CPC read with Order 41 Rules 1 and 2 of CPC against the judgment and decree dated 05.02.2011 passed by the learned Additional District Judge, Fast Track Court II, Cuddalore in OS.No.92/2009.

For Appellants 1&2 :

No appearance Appellant No.3 :

Died

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. Hence, 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'', again there is no representation for the appellants. 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 Additional District Judge, FTC No.II, Cuddalore.

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

S.S.SUNDAR, J.,

AND P.B.BALAJI, J.

AP 17.03.2023