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Madras High CourtAS/528/2013dismissed for nonprosecution

M. Balasundaram v. Mrs. Semathammal

2023-12-14Honourable Mr Justice G.K. Ilanthiraiyan3 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.12.2023

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and M.P.No.1 of 2013

1. M.Balasundaram

2. M.Mahalingam

3. M.Balaraman

4. M.Arumugam ...Appellants -Vs1. Semathammal

2. M.Bhoobalan ... Respondents Prayer: First Appeal filed under Section 96 of CPC read with Order 41 Rule 1 and 2 of CPC, to allow this Appeal and set aside the Preliminary Decree dated 07.07.2009 passed in the above Original Suit No.9120 of 2006 on the file of the Additional District Judge, Fast Track Court-III, City Civil Court at Chennai.

For Appellants : Mr.T.M.Vineeth Kumar For R1 : Notice served No appearance For R2 : Mr.D.Ashok Kumar

JUDGMENT

This Appeal Suit has been filed as against the Preliminary Decree dated 07.07.2009 passed in the above Original Suit No.9120 of 2006 on the file of the Additional District Judge, Fast Track Court-III, City Civil Court at Chennai.

2. When the matter was called on 13.12.2023, there was no representation on behalf of the appellants. Hence, the matter was ordered to be listed to-day i.e., on 14.12.2023, under the caption 'for dismissal'.

3. Today also, when the matter was called, there is no representation on behalf of the appellants. Hence, this Appeal Suit is dismissed for 'non prosecution'. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs. 14.12.2023 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To The Additional District Judge, Fast Track Court-III, City Civil Court at Chennai.

14.12.2023