Shoukath Basheer v. Farhat Ara

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2022 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MRS. JUSTICE N. MALA 1.Shoukath Basheer 2.Zarina Begum ... Appellants Vs.

Farhat Ara ... Respondent Prayer : Appeal Suit filed under Section 96 read with Order XLI, XLI A of Code of Civil Procedure against the judgment and decree, dated 30.09.2011 in O.S.No.11979 of 2010 on the file of the Additional District and Sessions Court, V Fast Track Court, Chennai.

For Appellants :

No appearance

J U D G M E N T

(Judgment was delivered by S.S. SUNDAR, J.) This Court earlier directed the Registry to issue notice to the appellants returnable in three weeks, by order dated 29.09.2022, when the counsel appearing for the appellants reported no instructions. 2.Today, the Registry has informed this Court that, notice issued to the 1st appellant was served on him on 17.10.2022 and notice sent to the 2nd appellant was returned with an endorsement "died". In view of the fact that the counsel has already reported no instructions and the 1st appellant has not appeared despite receipt of notice, this Court has no other option except to dismiss the appeal for non-prosecution.

3.Accordingly, this appeal is dismissed for non-prosecution. No costs.

(S.S.S.R., J.) (N.M., J.) 20.10.2022 mkn Internet : Yes

Index : Yes / No To The Additional District and Sessions Judge, V Fast Track Court, Chennai.

S.S. SUNDAR , J.

and N. MALA, J.

mkn 20.10.2022