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Madras High CourtAS/527/2012dismissed for nonprosecution

Suguna v. A.Sekar

2020-01-03Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-01-2020

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM A.S.No.527 of 2012

1. Suguna

2. Mrs.Mallika

3. Mrs.Prema ..

Appellants/Plaintiffs vs.

1. A.Sekar

2. Annammal

3. Mohan

4. Baby Ammal

5. Valliammal

6. Venkatesan

7. Savithiri

8. P.vijayaraj Jain

9. Babu Devi

10. Bhagyavanth

11. Lalithkumar

12. Thiagarajan alias Babu

13. Suresh

14. Sumathy

15. Lakshmi .. Respondents Appeal under Section 96 of the Code of Civil Procedure, 1908, read with Order 41, Rule 1 of the Code of Civil Procedure, 1908 against the judgment and decree made in O.S.No.11882 of 2010 on the file of the VIIth Additional Judge, City Civil Court, Chennai dated 29.10.2011.

For Appellant : No Appearance For Respondents :

Mr.M.Krishnakumar for R8 to R11 1/3

Mr.R.Krishnakumar for R1 & R3 No appearance for R4, R5, R6,R12 to R15

JUDGMENT

The first appeal was listed for the hearing on 19.12.2019. None appeared for the appellant. Thus, the case was directed to be listed under the caption "For Dismissal" on 20.12.2019. When the first appeal was taken up for hearing on 20.12.2019 and on that day also none appeared for the appellant. Thus, this Court directed the Registry to list the matter once again under the caption "For Dismissal" on 02.01.2020. When the case is taken up today i.e., on 03.01.2020, even today also there is no representation on behalf of the appellant.

2. Thus, it is to be construed that the appellant is not interested in pursuing the matter. Accordingly, the first appeal stands dismissed for non-prosecution. However, there shall be no order as to costs. Consequently, the connected civil miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar Pkn To 1.The VIIth Additional Judge, City Civil Court, Chennai copy to The Section Officer, VR Section High Court, Madras 2/3

+1 cc to M/s.K.Srinivasan Advocate sr869 +1 cc to M/s.G.Ramachandran Advocate sr1218 A.S.No.527 of 2012 rp(co) aa18/02/2020 3/3