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Madras High CourtSA/1152/2010dismissed for nonprosecution

Sri Venkatachalapathy Nagar v. Mrs.Aruna Devi

2024-02-21Honourable Mr.Justice G.Arul Murugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2024

CORAM

THE HONOURABLE Mr. JUSTICE G.ARUL MURUGAN and M.P.Nos.1 of 2010 & 1 of 2011 Sri Venkatachalapathy Nagar Residents Welfare Association rep. by its President Smt.V.Vijayalakshmi ... Appellants vs.

1.Aruna Devi 2.V.V.R.S.Hymavantha Rao 3.V.Jayapoorna Chandar Rao 4.A.Mohan 5.Shiva 6.T.Elumalai 7.M/s.Bay Orient Realty Pvt. Ltd rep. by its Managing Director Dr.Salim Ibrahim ... Respondents Prayer:- Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 30.01.2010 in A.S.No.591 of 2008 passed by the learned III Additional Judge, City Civil Court, Chennai, confirming the judgment and decree dated 25.08.2008 in O.S.No.1733 of 1996 passed by the learned III Assistant Judge, City Civil Judge, Chennai.

For appellant : No appearance For R1, R4 & R7 : Died For R2 & R3 : Dismissed vide Court order dated 13.12.2022.

For R5 & R6 : No appearance *****

J U D G M E N T

This Second Appeal arose in respect of the suit filed for declaration.

2.

This Second Appeal was already dismissed as against the respondents 1 to 4 and 7 on 13.12.2022 itself. The service in respect of the respondents 5 and 6 alone completed.

3.

When the matter was listed for hearing on 12.02.2024, there was no representation on the side of the appellant. Therefore, the matter was posted for dismissal. Even today, when the matter is called, there is no representation on the side of the appellant.

4.

In view of the same, this Second Appeal is dismissed for non-prosecution. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

21.02.2024.

Internet : Yes Index : Yes/No Speaking order/Non-speaking order apd To

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

2. The III Assistant Judge, City Civil Judge, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras.

G.ARUL MURUGAN,J apd and M.P.Nos.1 of 2010 & 1 of 2011 21.02.2024