N.K.Srinivasa Rao v. H.Jaya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2022

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY Second Appeal No.447 of 2012 & MP.No.1 of 2012 1.N.K.Srinivasa Rao 2.A.H.M.Chandrika 3.A.J.Jemima Malathi 4.M.Rajeswari ... Appellants Vs.

1.H.Jaya 2.S.Muthalagu 3.The Corporation of Chennai, rep. by its Executive Engineer, Rippon Buildings, Chennai-600 003.

4.The Chennai Metropolitan Development Authority, rep. by its Member - Secretary, Egmore, Chennai-600 008.

5.D.Uma 6.S.Krishnan 7.Ponniah Verma ... Respondents 1/4

Prayer:- This second appeal has been filed under Section 100 C.P.C., against the judgement and decree dated 26.08.2011 made in A.S.No.269 of 2010 on the file of the V Additional Judge, City Civil Court, Chennai confirming the judgement and decree dated 25.08.2008 made in O.S.No.5601 of 2001 on the file of the V Assistant Judge, City Civil Court, Chennai.

For Appellants : No Appearance For Respondents : Ms.K.Ashwini Devi, Standing counsel for R3 Ms.K.Mageswari for R4 JUDGEMENT On an earlier occasion i.e., on 24.11.2022, Mr.K.Selvaraj, learned counsel who is appearing for the appellants submitted that he has already given change of vakalath to the appellant. Therefore, Registry was directed to delete the name of Mr.K.Selvaraj and print the names of the appellants in cause list and list the matter today. 2/4

2. Today, when the matter is taken up for hearing, none appeared for the appellants. It shows that the appellants are not interested in prosecuting the appeal. Hence, this Court has no other option except to dismiss the appeal for non-prosecution.

3.Accordingly, the second appeal is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed. 01.12.2022 dn To 1.The learned V Additional Judge, City Civil Court, Chennai 2.The learned V Assistant Judge, City Civil Court, Chennai. 3/4

KRISHNAN RAMASAMY.J., dn Second Appeal No.447 of 2012 01.12.2022 4/4