Meenakshi v. K.Shanmugam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2022

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY A.S.NO.442 OF 2018 AND C.M.P.NO.11411 OF 2018

1. Meenakshi

2. Annapoorani ... Appellants/Plaintiffs .Vs.

1. K.Shanmugam

2. Saraswathi

3. Saran

4. Susai Manickam

5. The Sub Registrar, Gandhipuram, The Sub Registrar Office, Coimbatore.

... Respondents/Defendants PRAYER:- Appeal Suit filed under Section 96 of CPC read with Order 41 Rule 1 of C.P.C. against the decree and judgment dated 8.12.2017 passed in O.S.No.105 of 2012 by the Learned IV Additional District and Sessions Judge, Coimbatore.

For Appellants :

No Appearance For Respondents :

Mr.S.Parthasarathy For R1 to R3 Mr.V.Venkatasamy for R4 Mr.R.Vigneswaran Additional Government Pleader For R5

JUDGMENT

(Judgment of the Court was pronounced by T.RAJA, J.) This Appeal Suit has been filed against the decree and judgment dated 8.12.2017 passed in O.S.No.105/2012 by the learned Additional District and Sessions Judge, Coimbatore.

2. The matter was listed today under the caption, 'for dismissal'.

3. When the matter was called today, there was no representation on behalf of the appellants. Mr.S.Parthasarathy, learned Counsel for the respondents 1 to 3 and Mr.V.Venkatasamy, learned Counsel for the 4th respondent and Mr.R.Vigneswaran, learned Additional Government Pleader for the 5th respondent were present.

4. In this regard, a perusal of the Notes Paper would go to show that even on the last hearing date i.e. on 02.02.2022, there was no representation on behalf of the appellants and the respective counsels for the respondents were present, therefore, the matter was ordered to be listed today under the caption, 'for dismissal'. Therefore, the non-representation on behalf of the appellants even today shows that the appellants are not interested in prosecuting the matter. Therefore, the Appeal Suit is dismissed for default. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar tsi To The IV Additional District and Sessions Judge, Coimbatore.

Copy To:- The Section Officer, V.R. Section, High Court, Madras.

+1cc to Mr.V.Venkatasamy, Advocate, S.R.No.7059 +2ccs to Mr.S.Parthasarathy, Advocate, S.R.Nos.6980 & 7056 A.S.NO.442 OF 2018 MT(CO) PBS/24/02/2022