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Madras High CourtSA/1446/2007dismissed for nonprosecution

T.Anbazhagan v. M/S Vijay Shanthi Builders Ltd

2023-06-22Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA S.A.No. 1446 of 2007 and M.P.No.1 of 2007 T.Anbazhagan ... Appellant Vs.

1.M/s.Vijay Shanthi Builders Ltd., Rep. by their Director, Fourth Floor, Vijay Complex, No.3, Blackers Road, Off. Anna Salai, Chennai - 600 002.

2.R.Elumalai 3.R.Manoharan ... Respondents Prayer : Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 11.12.2006 passed in A.S. No.270 of 2004, on the file of the Principal Judge, City Civil Court, Chennai, upholding the decree and judgment dated 22.10.2003 passed in O.S. No.811 of 1997, on the file of the VIII Assistant City Civil Court, Chennai. For Appellant : No appearance For R1 : Notice not ready For R3 : No appearance

JUDGMENT

Today when the matter is taken up for hearing, there is no representation for the appellant. On 27.08.2021, the following orders were passed by this Court :

"Fresh notice to R-1 to R-3, returnable by 23.09.2021.

2. If steps are not taken before the next date of hearing, the second appeal shall stand automatically dismissed."

Till date no steps have been taken as per the above orders. In the circumstances, the Second Appeal is dismissed for non prosecution. No costs. Consequently, connected Miscellaneous Petition is closed. 22.06.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl

R. HEMALATHA, J.

mtl To

1. The Principal City Civil Court, Chennai.

2. The VIII Assistant City Civil Court, Chennai.

3. The Section Officer, VR Section, High Court, Madras. S.A.No. 1446 of 2007 and M.P.No.1 of 2007 22.06.2023