L.Sabjan v. Mahaboob

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :27.06.2022

CORAM:

THE HON'BLE MR. JUSTICE M.DURAISWAMY AND THE HON'BLE MR.JUSTICE SUNDER MOHAN A.S.No.43 of 2019 1.L.Sabjan 2.Tajun ... Appellants Vs.

1.Mahatoob 2.S.Basheer 3.S.Nazir 4.S.Ameer 5.Minor Shabreen Raj 6.Minor Samreen Taj 7.P.Bhanaram 8.P.Kunaram 9.P.Mangaram 10.P.Tilokram 11.The Bank of Rajasthan Limited Branch Office at Door No.19, 1st Floor, Sri Sai Towers, Opposite of Sub Registrar's Office, M.G.Raod, Hosur Town and Post, Hosur Taluk, Krishnagiri District.

12.K.B.Sreekala 13.S.Balakrishnan ... Respondents (Minor respondents 5 & 6 are represented by their next friend father 4th defendant S.Ameer; respondents 1 to 4, 11 to 13 are set exparte in the lower court, notice to them be dispensed with and no notice to them is necessary) Appeal filed under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure against the judgment and decree dated 29.08.2018 made in O.S.No.61 of 2012 on the file of the Additional District Judge, Hosur.

For Appellants : no appearance For Respondents : no appearance

J U D G M E N T

(Judgment was delivered by M.DURAISWAMY, J.) Consistently, there is no representation for the appellant. When the appeal was listed for hearing on 12.04.2022, since both the learned counsels were not present, the matter was adjourned to 14.06.2022. On 14.06.2022, there was no representation on either side, hence, the Registry was directed to list the matter under the caption "for dismissal" on 27.06.2022. Though the matter was listed under the caption "for dismissal", today also, none appeared on either side. Hence, this Court has no other option except to dismiss the appeal for non-prosecution. Accordingly, the First Appeal is dismissed for non-prosecution. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar va To 1.The Additional District Judge, Hosur.

A.S.No.43 of 2019 SKM(CO) CT/12/07/2022