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Madras High CourtSA/1133/2008dismissed for nonprosecution

V.Nagarathinammal v. V.S.Govindachari Trust

2021-01-08Honourable Mr Justice T. Ravindran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2021

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN S.A.No.1133 of 2008

1. V.Nagarathinammal

2. Shanmuga Achari

3. Gowri

4. V.Ramani

5. V.Durga

6. V.Lakshmi Old No.33, New No.44, Andiappan Naicken Street, Choolai, Chennai - 600 112.

... Appellants/Appellants/Defendants Vs.

V.S.Govindhachari Trust, Rep. By Managing Trustee, M.Kandasamy ... Respondent/Respondent/Plaintiff Prayer: Second Appeal filed under Section 100 of C.P.C., against the judgment and Decree in A.S.No.442 of 2003 dated 08.12.2004 by VI Additional City Civil Judge at Chennai against O.S.No.8720 of 1992 dated 18.06.2002 on the file of the V Assistant, City Civil Judge at Chennai.

For Appellants : No appearance For Respondent : Mr.G.Sukumaran

J U D G M E N T

Counsel for the respondent present.

2. In this Second Appeal, the counsel for the appellants had already informed that he has handed over the bundle to the appellants by giving change of vakalat and also file a memo to that effect. Consequently, Registry had been directed to list the matter by printing the names of the appellants in the cause https://hcservices.ecourts.gov.in/hcservices/

list. When the matter was called on 07.01.2021, there was no representation on behalf of the appellants. Accordingly, the matter had been directed to be listed under the caption " for dismissal" on on 08.01.2021. Even today i.e., on 08.01.2021, when the matter is called for hearing, there is no representation for the appellants. Appellants called, absent.

3. In the light of the abovesaid factors, the Second Appeal is dismissed for non-prosecution with costs. Consequently, connected miscellaneous petition, if any, is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mfa To

1. The VI Additional City Civil Judge at Chennai. 2.The V Assistant, City Civil Judge at Chennai. Copy to The Section Officer, VR Section, High Court, Chennai.

+1 cc to M/s.G.Sugumaran Advocate sr1408 S.A.No.1133 of 2008 kv(co) aa02/02/2021 https://hcservices.ecourts.gov.in/hcservices/