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Madras High CourtSA/1512/2007dismissed for nonprosecution

Prema Ram v. Arulmighu Rathina Vinayagar

2022-10-17Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2022

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and M.P.Nos.1 & 2 of 2007 1.Premaram 2.Mangilal ...Appellants

Versus

1.Arulmighu Rathina Vinayagar and Durgai Amman Devasthanam by Executive Officer, Having Officer at No.22, Whites Road, Madras -14.

2.Vittobai 3.Venkatasubbiah Naidu 4.Dharmichnad Jain 5.A.Ganapathy 6.P.M.Chandrasekaran

...Respondents

Prayer: Second Appeal filed Under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 22.09.2004 made in A.S.No.275 of 2004 on the file of the III Additional Judge, City Civil Court, Chennai confirming the Decree dated 09.07.2004 made in E.A.No.5509 of 2003 in E.P.No.716 of 2001 in O.S.No.2175 of 1984 on the file of the X Assistant Judge, City Civil Court, Chennai.

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For Appellant :

No Appearance For R1 :

Mr.M.Madanraj For R2 :

No Appearance JUDGEMENT On 07.10.2021, when the matter was taken up for hearing, it was represented that Mr.M.Jayaraman, learned counsel for the appellant had passed away and Mr.Madanraj, learned counsel undertook to file vakalat for the appellant. Thereafter, the matter is listed today. Today, there is no representation on behalf of the appellant, which shows that the appellant is not interested in prosecuting the case. Hence, this Court is not inclined to keep the matter pending and the present Second Appeal is dismissed for non-prosecution. Consequently, connected miscellaneous petitions are closed. No costs.

17.10.2022 rst Index : Yes / No Internet : Yes / No Speaking Order / Non Speaking Order 2/4

To:

1.The III Additional Judge, City Civil Court, Chennai.

2.The X Assistant Judge, City Civil Court, Chennai.

KRISHNAN RAMASAMY, J.

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