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Madras High CourtAS/11/2018dismissed for nonprosecution

Jothieeswari v. S.Rajeshwari

2025-10-31Honourable Dr.Justice A.D.Maria Clete3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2025

CORAM

THE HON'BLE DR. JUSTICE A.D. MARIA CLETE and CMP.Nos.442 & 2310 of 2018

1. Jotheeswari

2. K.Navraj ... Appellants Vs.

1. S.Rajeshwari

2. R.Vanaselvi

3. S.Suresh

4. V.Tamilselvi

5. S.Ramesh ... Respondents First Appeal is filed under Section 41 Rule 1 & Section 96 of the Civil Procedure Code, to set aside the judgment and decree dated 16.08.2017 in O.S.No.3516 of 2016 on the file of the XVI Additional Judge, City Civil Court at Madras decreeing the suit in favour of the respondents/plaintiffs by allowing this appeal and consequentially modify the decree in the suit O.S.No.3516 of 2016 in so far as the appellants are concerned and to pass such further or other orders.

For Appellants : No appearance For Respondents : M/s.S.Raja Priya Venkatarama for R1 to R5

JUDGMENT

When the matter was listed for hearing on 27.10.2025, there was no representation for the appellants, hence, Registry was directed to list the matter under the caption "for dismissal" on 31.10.2025 (i.e.,) today. When the matter is called today there is no representation for the appellants and hence it is clear and evident that the appellant is not interested in prosecuting the first appeal.

2. Hence, this first appeal is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petitions are also closed. 31.10.2025 Index : Yes/No Speaking order/Non-speaking order dpq To

1. The XVI Additional Judge, City Civil Court, Madras.

2. The Section Officer, VR Section, High Court of Madras Chennai.

Dr.A.D. MARIA CLETE , J.

dpq and CMP.Nos.442 & 2310 of 2018 31.10.2025