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Madras High CourtAS/399/2018dismissed for nonprosecution

S.Alexander v. V.Balasubramaniam

2019-12-12Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-12-2019

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM A.S.No.399 of 2018 S.Alexander .. Appellant/Plaintiff vs.

1. V.Balasubramaniam

2. Mrs.B.Chandrakala .. Respondents/Defendants Appeal under Section 96 of the Code of Civil Procedure, 1908, read with Order 41, Rule 1 of the Code of Civil Procedure, 1908 against the judgment and decree made in O.S.No.9036 of 2010 on the file of the Learned V Additional Judge City Civil Court, Chennai dated 22.12.2017.

For Appellant : No Appearance For Respondents :

Mr.M.Sridhar for R1 and R2

O R D E R

The first appeal was listed for the hearing on 10.12.2019. None appeared for the appellant. Thus, the case was directed to be listed under the caption "For Dismissal" on 11.12.2019. When the first appeal was taken up for hearing on 11.12.2019 and on that day also none appeared for the appellant. Thus, this Court directed the Registry to list the matter once again under the caption "For Dismissal" on 12.12.2019. When the case is taken up today i.e., on 12.12.2019, even today also there is no representation on behalf of the appellant.

2. Thus, it is to be construed that the appellant is not interested in pursuing the matter. Accordingly, the first appeal stands dismissed for non-prosecution. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CS-VI) // True Copy// Sub Assistant Registrar Pkn https://hcservices.ecourts.gov.in/hcservices/

To 1.The V Additional Judge, Cityi Civil Court, Chennai.

2.The Section Officer, V.R Section, High Court, Madras.

A.S.No.399 of 2018 LN(CO0 CSR: 11.02.2020 https://hcservices.ecourts.gov.in/hcservices/