Smt.Andal v. Smt.Padmavathy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.09.2019
CORAM:
THE HON'BLE MR.JUSTICE T.RAVINDRAN A.S.No.1123 of 2007 and M.P.No.2 of 2007 & M.P.No.1 of 2012 & M.P.Nos.1 and 2 of 2013
1. Andal
2. Rajendran 3.Mariammal ... Appellants Vs.
1. Padmavathy
2. Balaji
3. Udhayakumar
4. Savithri
5. Thilothamma
6. Vijayalakshmi
7. Malaini [ Respondents 1 to 7 are through their power of attorney Rama Ravindra Kumar ]
8. Pushparaj
9. Seemathal
10.Jagan
11. Gopi [Respondents 8 to 11 are not necessary party hence notice need not be sent. Hence they are given up for notice] ... Respondents Prayer:
First Appeal filed under Section 96 of C.P.C., against the judgment and Decree passed in O.S.No.626 of 2004 dated 31.10.2006 on the file of the Fast Track Court, No.IV cum Additional District and Sessions Court, Poonamallee. For Appellants : No appearance For RR1 to R7 : Mr.L.K.Manjunath For RR8 to R11 : Given up
J U D G M E N T
In this matter, counsel for the appellants had already sought permission to withdraw his appearance on behalf of the appellants and on the appellants being called, remaining absent, Registry was directed to list the matter today i.e., on 18.09.2019, under the caption " for dismissal", by printing the names of the appellants in the cause list.
2. Today when the matter is called, there is no representation for the appellants. Appellants called, absent.
3. In the light of the above position, the First Appeal is dismissed for non-prosecution with costs. Consequently, connected miscellaneous petition, if any, is closed.
MEMORANDUM OF COSTS Respondent( ) Costs Rs. P.
Stamp for Vakalatnama 10.00 Advocate's fee [F.C not received] -- Translation and Printing/Typing charges 162.00 ------ 172.00 Rs.172/- (Rupees One Hundred and Seventy Two only) To be paid by the Appellant to the Respondent towards cost incurred in this Appeal Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The Additional District and Sessions Judge, Fast Track Court, No.IV Poonamallee.
Copy to The Section Officer, VR Section, High Court, Chennai.
A.S.No.1123 of 2007 and M.P.No.2 of 2007 & M.P.No.1 of 2012 & M.P.Nos.1 and 2 of 2013 nrl[co] srg 15/11/2019