M.Saraswathi v. T.Jayaraman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2018

CORAM

THE HONOURABLE Mr.JUSTICE N. SATHISH KUMAR Second Appeal No.325 of 2012 M. Saraswathi ..Appellant / 1st Defendant - Vs - 1.Mr.T.Jayaraman ..1st Respondent / Plaintiff 2.Mr.M.Venkataraman ..2nd Respondent/ 2nd Defendant PRAYER: Appeal filed under Section 100 C.P.C., against the decree and judgment passed in A.S.No.253 of 2010 on the file of the III Additional City Civil Court at Chennai dated 17.08.2011 reversing the Decree and Judgment passed in O.S.No.6497 of 2004 on the file of the XVII Assistant City Civil Court at Chennai dated 05.08.2009.

For Appellants : No appearance For Respondents : Ms.K.Jamuna for R2 & R4 Mr.S.Patrick for M/s.K.Rajasekaran for R1

JUDGMENT

On 04.12.2018, there was no representation on behalf of the appellant. Hence, the matter was directed to be listed today under the caption "for dismissal". Even today also, when the matter called, no representation on behalf of the appellants.

2. This court on 12.04.2012 has granted interim stay on condition that the appellant shall deposit 50% of the decree amount on or before 06.06.2012 to the credit of O.S.No.6497 of 2004 on the file of XVII Judge, City Civil Court, Chennai, without prejudice to the claim of both the parties. But no materials forthcoming to show the compliance. https://hcservices.ecourts.gov.in/hcservices/

3. Hence, the Second Appeal is dismissed for nonprosecution. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ggs Copy to:

1. The III Additional Judge, City Civil Court, Chennai-600104.

2. The XVII Assistant Judge, City Civil Court, Chennai-600104.

copy to;

The Section Officer, VR Section, High Court, Madras. ( 2 copies) +1 cc to Mr.K.Rajasekaran, Advocate, S.R.No.84781 S.A.No.325 of 2012 KJI(CO) SSM(19/02/2019) https://hcservices.ecourts.gov.in/hcservices/