Madras High CourtAS/810/2009dismissed for nonprosecution

K.Gurumurthy v. G.Babu

2018-11-20Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.11.2018 Coram The Honourable Ms.Justice P.T.ASHA A.S.No.810 of 2009 and M.P.No.1 of 2009 K.Gurumurthy ...Appellant/Plaintiff

Versus

1.G.Babu 2.Mrs.Gowri 3.Mrs.Sankari 4.C.P.Palani 5.C.R.Ravi 6.Mrs.Sai Kumari 7.Mrs.Tarabai 8.Mrs.P.Pushpa 9.Mrs.K.Shyamala 10.S.Gajendran 11.S.Ramanadhan 12.S.Krishnamurthy 13.S.Chandrasekar 14.S.Sundaramurthy 15.S.Guru 16.Mrs.K.Kantha 17.Mrs.J.Sankari 18.Mrs.N.Neela

...Respondents/Defendants

This First Appeal is filed under Section 96 r/w Order 41 Rule I & II of C.P.C praying to set aside the decree and judgment passed on 16.10.2008 in O.S.No.4452 of 2006 on the file of the VI Additional Judge, City Civil Court, Chennai. For Appellant :

No Appearance For Respondent - 1 :

Mr.V.Ravi Respondents - 2, 9, 11 to 17 :

Not ready in notice Respondents - 3 to 8 & 18:

No Appearance https://hcservices.ecourts.gov.in/hcservices/

J U D G M E N T

When the matter came up for hearing on 19.11.2018, there was no representation for appellant. Hence, the matter was adjourned to be listed under the caption, "For Dismissal" on 20.09.2018 i.e., today.

2. Even today, when the matter was called, there is no representation on behalf of the appellant.

3. The learned counsel appearing for the first respondent submitted that he had filed a Memo on 26.02.2018, stating that the first respondent had died on 24.10.2011 and giving details about the legal representatives of the deceased first respondent.

4. Till date, no Application has been filed by the appellant's counsel to bring on record the legal representatives of the deceased first respondent and the Appeal is abated as against the first respondent. Be that as it may, none have appeared on behalf of the appellant when the matter was posted under the caption, "For Dismissal".

5. In the result, this First Appeal is dismissed for non prosecution. No costs. Consequently, connected Miscellaneous Petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar mrr To The VI Additional Judge, City Civil Court, Chennai.

Copy to The Record Keeper VR Section, High Court, Madras 104.

A.S.No.810 of 2009 GP(CO) SP(18/12/2018) https://hcservices.ecourts.gov.in/hcservices/