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Madras High CourtSA/367/2008dismissed for nonprosecution

S.Ramakrishna Raju v. S.Selvaranga Raju

2025-03-21Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date: 21.03.2025 CORAM :

THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP S.A.No.367 of 2008 and M.P.No.1 of 2008

1. S. Ramakrishna Raju

2. S.Sarojini

3. S.Mallika

4. S.Vijayakumari .. Appellants Vs.

1. S.Selvaranga Raju

2. J.R.Janaki

3. The Commissioner, Chennai City Corporation Rippon Buildings, Chennai - 600 003.

...Respondents

PRAYER: Second Appeal filed under Section 100 of C.P.C against the judgment and decree in A.S.No.60 of 2007 dated 17.09.2007 on the file of the learned Additional District and Sessions Judge, Fast Track Court-IV, City Civil Court, Chennai, reversing the judgment and decree dated 27.06.2006 made in O.S.No.5811 of 2003 on the file of the learned XV

Assistant Judge, City Civil Court, Chennai.

For Appellants :

No Appearance For Respondents :

No Appearance

JUDGMENT

Second Appeal is filed against the judgment and decree in A.S.No.60 of 2007 dated 17.09.2007 on the file of the learned Additional District and Sessions Judge, Fast Track Court-IV, City Civil Court, Chennai, reversing the judgment and decree dated 27.06.2006 made in O.S.No.5811 of 2003 on the file of the learned XV Assistant Judge, City Civil Court, Chennai.

2. When the case was earlier listed on 14.03.2025, there was no representation for both the parties. Hence, this Court had directed the Registry to list the case under the caption 'for dismissal' on 21.03.2025.

3. Today, 21.03.2025, when the came up for hearing, there was no representation for both the parties. From the records, it is seen that the suit ws decreed before the trial Court and in the Appeal, the suit was dismissed.

Therefore there is less inclination on the part of the Appellant to proceed with the Second Appeal. Therefore, the Second Appeal is dismissed for non-prosecution. Consequently connected miscellaneous petition is closed. 21.03.2025 Shl Index : Yes/No Speaking/Non-speaking order To:

1. The XV Assistant City Civil Court, Chennai

2. The Additional District and Sessions Judge, Chennai

3. The Commissioner, Chennai City Corporation Rippon Buildings, Chennai - 600 003.

4. The Section Officer, V.R Section, High Court of Madras.

SATHI KUMAR SUKUMARA KURUP, J.

Shl S.A.No.367 of 2008 and M.P.No.1 of 2008 21.03.2025