R. Sivakumar, v. K.N.Shanmugasundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11/6/2025 C O R A M The Hon'ble Dr.JUSTICE G.JAYACHANDRAN R. Sivakumar ...

Appellant Vs K.N.Shanmugasundaram ...

Respondent PRAYER:

Appeal filed under Section 96 of the Code of Civil Procedure r/w. Under Order 41 Rule 1 of CPC against the judgment and decree made in O.S.No.13 of 2018 before I Additional District Judge, Coimbatore, dated 16/11/2021.

For appellant ...

No appearance For respondent ...

Mr.R.Lakshmi Narasimhan - - - - - 1/4

J U D G M E N T

Appeal is filed by the defendant challenging the money decree.

2. When the stay petition was taken up for consideration, this Court, directed the appellant to deposit Rs.3 lakhs, on or before 17/6/2022 to the credit of O.S.No.13 of 2018 on the file of First Additional District Court, Coimbatore. The above order of this Court was passed on 29/4/2022 not complied.

3. When the matter was listed on 4/6/2025, there was no representation for the appellant. Hence, adjourned today.

4. Even today, there is no representation for the appellant. Learned counsel for the respondent is present. He reiterates that conditional order not paid and due to the pendency of the appeal, decree holder is not able to proceed to enforce the decree dated 16/11/2021.

5. It is also brought to the notice of this Court that the appellant had 2/4

taken out an application to extend time for complying the condition, but the same was dismissed by an order dated 18/8/2022.

6. In the light of the above fact, due to non-prosecution, Appeal Suit stands dismissed. No costs.

11/6/2025 mvs.

Index: Yes/No To I Additional District Judge, Coimbatore, Dr.G.JAYACHANDRAN,J 3/4

mvs.

11/6/2025 4/4