M. Mohammed Naziruddin v. Muthavalli

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16-11-2018

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Second Appeal No.1122 of 2006 1.M.Mohammed Naziruddin 2.Zehra Begum .. Appellants/Plaintiffs 2&3 ..Vs..

Saligramam Hameedia Jamia Mosque Represented by its Muthavalli .. Respondent/Defendant Second Appeal is preferred under Section 100 of the Code of Civil Procedure, against the judgment and decree passed in A.S.No.67 of 2001 on the file of the VII Additional City Civil Court, Chennai dated 17.9.2003, confirming the judgment and decree passed in O.S.No.6168 of 1988 dated 22.9.1999 on the file of the VIII Assistant City Civil Court, Chennai. For Appellants : No Appearance For Respondent : Mr.Muniruddin Sheriff

J U D G M E N T

The Second Appeal was listed for hearing on 13.11.2018. None appeared for the appellant. Thus, the case was directed to be listed on 14.11.2018 under the caption "For Dismissal".

2. When the matter is taken up for hearing on 15.11.2018, there is no representation on behalf of the appellant. In order to give one more opportunity to the appellant, once again the case was directed to be listed on 16.11.2018 under the caption "For Dismissal". When the matter is taken up for hearing on 16.11.2018, there is no representation on behalf of the appellant. Thus, it is to be construed that the appellant is not interested in pursuing the matter. https://hcservices.ecourts.gov.in/hcservices/

3. Accordingly, the Second Appeal stands dismissed for non-prosecution. Consequently, connected miscellaneous petition is also dismissed. However, there shall be no order as to costs. Svn Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar To 1.VII Additional City Civil Court, Chennai.

2.VIII Assistant City Civil Court, Chennai.

3. The Section Officer, VR Section, High Court, Madras. (2-copies) + 1 cc to M/s. M. Muniruddin Sheriff, Advocate Sr.78810 S.A.No.1122 of 2006 SKV(CO) EU(04/12/2018) https://hcservices.ecourts.gov.in/hcservices/