Madras High CourtAS/266/2004dismissed for nonprosecution

M/S.S. Vijayakalshmi v. M/S.S. Lokanayaki

2023-12-20Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2023

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and C.M.P.Nos.7517 and 14681 of 2004, 779 and 799 of 2013, 18800, 20342, 20343 and 20344 of 2016 S.Vijayalakshmi ...Appellant -Vs1. S.Lokanayaki

2. S.Nityanandam

3. S.Sathiyamurthy

4. Kanakavalli

5. Karunakaran

6. Karthikeyan

7. Ramalingam alias Ramkumar

8. Kanthimathi Ammal

9. A.Baggiyalakshmi

10. Arumugam

11. Uma

12. Mala alias Manimekalai

13. Lakshmi

14. N.Krishnaveni Ammal

15. Sri Raj & Co., Auctioneers, 1st Floor, No.7, Sunkurama Chetty Street, Chennai-600 001.

16. S.Gowthaman

17. S.Manohari

18. S.Manjula

(RR16 to 18 impleaded as respondents vide order of Court dated 15.03.2005 made in C.M.P.No.1909 of 2005)

19. M/s Alwin & Company 260, Thambu Chetty St., Chennai-1.

20. Vijayaraj H.Jain

21. Anithadevi

22. Madanlal H.Jain (RR19 to 22 impleaded as party respondents vide order of Court dated 17.07.2013 made in C.M.P.No.360 of 2012) ... Respondents Prayer: First Appeal filed under Section 96 of CPC, to call for the records pertaining to the Decree and Judgment dated 08.04.2004 duly passed in O.S.No.3474 of 2003 by the learned III Additional Judge, City Civil Court, Chennai and set aside the same by decreeing the suit as prayed for and thus allow the appeal.

For Appellants : No appearance For R2, R4 and R5 : Given up For R3, R6 to R13 : Mr.J.R.K.Bhavanantham For R14 : Mr.S.Thiruvengadam For R17 and R18 : Mr.P.B.Ramanujam For R20 to R22 : Mr.C.K.M.Appaji

JUDGMENT

This Appeal Suit has been filed as against the Judgment and Decree dated 08.04.2004 duly passed in O.S.No.3474 of 2003 by the learned III Additional Judge, City Civil Court, Chennai.

2. When the matter was called on 19.12.2023, there was no representation on behalf of the appellant. Hence, the matter was ordered to be listed to-day i.e., on 20.12.2023, under the caption 'for dismissal'.

3. Today also, when the matter was called, there is no representation on behalf of the appellant. Hence, this Appeal Suit is dismissed for 'non prosecution'. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs.

20.12.2023 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To The III Additional Judge, City Civil Court, Chennai. 20.12.2023