Mrs Ramola Venugopal v. R.Rajeswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.10.2022

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY Second Appeal No.749 of 2007 & MP No.1 of 2007 Mrs.Ramola Venugopal ... Appellant Vs.

R.Rajeswari ... Respondent Prayer:- This second appeal has been filed under Section 100 C.P.C., against the judgement and decree dated 12.09.2006 made in A.S.No.429 of 2005 on the file of the learned Judge, City Civil Court, Chennai reversing the judgement and decree dated 11.01.2005 made in O.S.No.1643 of 2002 on the file of the learned XVII Assistant City Civil Judge, Chennai.

For Appellants : No Appearance 1/4

JUDGEMENT It is seen from the records that when the matter was taken up for hearing on 18.10.2022, the learned counsel appearing for the appellant submitted that already he has given change of vakalath and therefore, he requested to remove his name in cause list. Hence, Registry was directed to list the matter by printing the name of the sole appellant in the cause list. Accordingly, the matter is listed today and the name of the sole appellant also printed in cause list. But, today when the matter is called, none appeared for the appellant. 2.All these facts clearly indicate that the appellant is not interested in prosecuting the case. Since the matter is pending for the past 15 years, this Court has no other option except to dismiss the second appeal for non-prosecution.

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3.Accordingly, the second appeal is dismissed for nonprosecution. No costs. Consequently, connected miscellaneous petition is closed.

20.10.2022 dn To 1.The Judge, City Civil Court, Chennai 2.The XVII Assistant City Civil Judge, Chennai. 3/4

KRISHNAN RAMASAMY.J., dn Second Appeal No.749 of 2007 20.10.2022 4/4