V Kannaiah Raja (Died) v. Pachaiyapps Trust Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY O.S.A No. 303 of 2010 V.Kannaiah Raja (died) K.Raja ...Appellant -vsPachaiyappa's Trust Board, Pachaiyappan's College Compound, Chetput, Chennai - 600 032.

Rep. by its Secretary.

...Respondent

(cause title accepted vide order dated 17.08.2010 made in M.P.No.1 of 2010 in O.S.A.SR.No.94823 of 2009) Original Side Appeal filed Under Order XXXVI Rule 1 of O.S. Rules r/w Clause 15 of the Letters Patent to set aside the judgement and decree in C.S.No.1013 of 2005, dated 12.06.2009. Civil Suit praying that this court be pleased to pass a Judgment and Decree against the defendant for a) Mandatory injunction directing the defendant to demolish the building in the plaint schedule property and construct a new building for the plaintiff and his family for their accommodation.

b) Award the cost of Suit.

For Appellant : No appearance For Respondent : Mr.K.V.Sundararajan

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.) When the matter was listed on 05.12.2018, there was no representation on behalf of the appellant. Therefore, the matter was directed to be listed under the caption 'for dismissal' on 12.12.2018. Even today, there is no representation on behalf of https://hcservices.ecourts.gov.in/hcservices/

the appellant. Therefore, the Original Side Appeal is dismissed for non-prosecution. No costs.

mmi Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To

1. The Sub Assistant Registrar, Original Side, High Court, Madras.

+1cc to Mr.K.V.Sundararajan, Advocate, S.R.No.86396 O.S.A.No.303 of 2010 EV(CO) KAK(22/01/2019) https://hcservices.ecourts.gov.in/hcservices/