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Madras High CourtAS/964/2012dismissed for nonprosecution

A.Stephan v. N.Rajagopal Died

2023-03-08Honourable Mr Justice S.S. Sundar,Honourable Mr Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR. JUSTICE P.B.BALAJI AS.No.964/2012 & MP.No.1/2012 1.A.Stephan 2.Erik Stephan 3.Syril Stephan ..

Appellants Vs.

N.Rajagopal [died] 1.Ponnammal 2.R.Mohankumar 3.R.Suryanarayanan ..

Respondents Prayer:- Appeal Suit filed under Section 96 of CPC against the judgment and decree dated 12.12.2011 made in OS.No.781/2004 on the file of the learned Additional District Judge, Fast Track Court, No.II, Coimbatore. For Appellants :

No appearance For Respondents :

Mr.C.R.Prasanan

JUDGMENT

[Judgment of the Court was delivered by S.S.SUNDAR, J.,] (1) When the matter was listed on 07.03.2023 [yesterday], there was no representation for the appellants. Hence, this Court directed the Registry to post the appeal suit under the caption ''For Dismissal'' on 08.03.2023.

(2) Despite the appeal suit is listed today [08.03.2023] under the caption ''For Dismissal'', again there is no representation for the appellants. Hence, this Court is left with no other option except to dismiss the appeal suit for non prosecution.

(3) Accordingly, the Appeal Suit stands dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is closed.

[SSSRJ] [PBBJ] 08.03.2023 AP Internet : Yes

To 1.The Additional District Judge, Fast Track Court, No.II, Coimbatore.

2.The Section Officer VR Section, High Court Chennai.

S.S.SUNDAR, J., AND P.B.BALAJI, J.

AP 08.03.2023