R.Balavenkataraman Chettiar(Died), v. B.Shanker,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR A.S.No.373 of 2005 and CMP Nos.659 of 2011 & 314 of 2012

1. R.Balavenkataraman Chettiar (Died)

2. B. Janarthanan ... Appellants/Defendants 1 to 3 Memo Recorded A1 Died. A2, R1, R2 and R3 already on record are Lrs of the deceased A1 vide Court Order dated 24.08.2022 made in AS No.373 & 824 of 2005 (VMVJ and SSJ) Vs

1. B. Shanker

2. B. Mouleeswaran

3. B. Divakaran

4. K.Krishnan @ Babu

5. M/s.Sri Vasavi & Co.

Raja Street, Coimbatore. ... Respondents/Defendants 4, 5, & 6 This appeal is filed under Section 96 of the Code of Civil Procedure, to set aside the judgement and decree dated 19.04.2004 made in OS No.6 of 2003 on the file of Additional District Court-cum-Fast Track Court No.1, Coimbatore.

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For Appellants : Ms.Hemalatha for Mr.C.Prakasam For Respondents : Ms.A.L.Ganthimathi, Senior Counsel for Ms.Meenakshi, for R1 Mr.Ramesh Venkatachalapathy, for RR 4 & 5 RR2 & 3 - No appearance J U D G E M E N T (Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The learned counsel for the appellants would submit that they have already given change of vakalat a few months back. No other counsel has entered appearance. It is clear that the appellants are not interested in prosecuting the Appeal. The Appeal is therefore dismissed for non prosecution. The counsel for the appellants, whose name is printed in the cause list, viz. Mr.C.Prakasam, is required to inform the appellants of this dismissal. Consequently, the connected miscellaneous petitions are closed.

(R.SUBRAMANIAN, J .) (N.SENTHILKUMAR, J.) 06.11.2023 jv 2/4

Index : Yes/No Internet : Yes/No Speaking order/Non Speaking order To

1. The Additional District Judge, Additional District Court-cum- Fast Track Court No.1, Coimbatore.

2. The Section Officer, V.R.Section, High Court.

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R.SUBRAMANIAN, J.

and N.SENTHILKUMAR, J.

jv A.S.No.373 of 2005 and CMP Nos.659 of 2011 & 314 of 2012 06.11.2023 4/4