D.Venkatesan v. Sivalingam Mudaliar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-12-2019

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM A.S.No.599 of 2010 D.Venkatesan ..Appellant vs.

1.Sivalingam Mudaliar 2.Mrs.Raniammal 3.Lalitha ..Respondents Appeal under Section Order 41 Rule 1 & 2 R/W Section 96 of C.P.C., to set aside the decree and judgment dated 19.06.2009 made in I.A.No.1724 of 2009 in O.S.No.4807 of 2008 on the file of VII the Additional City Civil Court, Chennai and consequentially set aside the decree and judgment made in O.S.No.4807 of 2008 dated 19.06.2009 passed by the VII Additional City Civil Court, Chennai.

For Appellant : No appearance For Respondents : Mr.K.J.Parthasarathy [For R1] No appearance [For R3]

J U D G M E N T

The Appeal Suit was listed for hearing on 03.12.2019 and none appeared for the appellant. Thus, the case was listed under the caption 'For Dismissal' on 04.12.2019. Again, when the matter was called on 04.12.2019, there was no appearance on behalf of the appellant. Thus, in order to give a further opportunity, the appeal is directed to be listed under 1/2 https://hcservices.ecourts.gov.in/hcservices/

the same caption 'For Dismissal' on 05.12.2019. When the case is taken up for hearing today, no one appeared on behalf of the appellant. In spite of the opportunities given twice, the appellant is not interested in pursuing the appeal suit.

2. Thus, the First Appeal in A.S.No.599 of 2010 stands dismissed for non-prosecution. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Kak To The VII Additional Judge, City Civil Court, Chennai.

+2cc to Mr.K.J.Parthasarathy, Advocate sr.101977 A.S.No.599 of 2010 bp(co) nr 28/01/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/