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Madras High CourtAS/530/2013dismissed for nonprosecution

J.Suseela v. P.Nachimuthu

2022-03-22Honourable Mrs Justice S.Kannammal2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 22.03.2022

CORAM:

THE HONOURABLE TMT. JUSTICE S. KANNAMMAL A.S.No.530 of 2013

1. Suseela

2. Minor Atchaya (aged 1 1⁄2 years) Rep.by her next frient and mother J. Suseela ... Appellants/ Plaintiffs Vs.

1. P. Nachimuthu

2. Mrs.Dhanalakshmi

3. N. Murugavel

4. N. Thangavel

5. N. Shanmugasundaram @ Gnanavel

6. N. Panneer Selvam ... Respondents / Defendants PRAYER: Appeal Suit is filed under Section 96 of the Civil Procedure Code to set aside the Judgment and Decree dated 18.03.2013 in O.S.No.12 of 2010 on the file of the learned First Additional District Judge, Coimbatore.

For Appellants : No appearance For Respondents : M/s. H. Rajasekar

J U D G M E N T

This Appeal Suit has been filed to set aside the Judgment and Decree of the learned First Additional District Judge, Coimbatore, made in O.S.No.12 of 2010 dated 18.03.2013.

2. Today when the matter came up for hearing no representation for the Appellant. For the past two hearing i.e., on 25.02.2022 and 09.03.2022 also there was no representation on behalf of the appellant and hence the matter was ordered to be listed today under the caption "For Dismissal."

3. Today also there was no representation for the Appellants. Inspite of repeated adjournments, neither the Appellant nor his counsel have shown interest to conduct the https://hcservices.ecourts.gov.in/hcservices/

appeal suit.

4. In such a view of the matter, keeping pending of the Appeal Suit without any progress will not serve any purpose. Since the appellants have not shown any interest to proceed the case for the past 9 years the appeal suit is liable to be dismissed. Accordingly, the Appeal Suit is dismissed for nonprosecution. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar GGS The First Additional District Judge, Coimbatore.

+1cc to M/s. H. Rajasekar, Advocate, S.R.No.19083 A.S.No.530 of 2013 SSD(CO) CT 04/04/2022 https://hcservices.ecourts.gov.in/hcservices/