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Madras High CourtSA/635/2013dismissed for nonprosecution

Mr.S.Elangovan v. Mrs .N.D.Nalini

2024-07-30Honourable Mr Justice Sathi Kumar Sukumara Kurup3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.07.2024

CORAM:

The Hon'ble MR.JUSTICE SATHI KUMAR SUKUMARA KURUP S.A.No.635 of 2013 and M.P.No.1 and 2 of 2013 and C.M.P.No.11430 of 2018

1. Mr.S.Elangovan

2. Mrs.E.Dhanalakshmi ...Appellant -VsMrs.N.D.Nalini

...Respondent

Prayer:- Second Appeal is filed under Section 100 of Civil Procedure Code against the decree and judgment dated 20.09.2010 made in A.S.No.86 of 2009 on the file of the IV Additional Judge, City Civil Court at Chennai reversing the decree and judgment dated 16.09.2008 in O.S.No.8000 of 2005 on the file of the XV Assistant Judge, City Civil Court at Chennai. For Appellant : Mr.A.G.Prabhu Kumar For Respondents : M/s. R.Meenakshi for Mr.S.Sadasaram

JUDGMENT

When the case came up for hearing at the earliest point of time, the Appellant was not ready to proceed with the Appeal and sought time to 1/3

report settlement. It was made clear that before my roster ends, the parties shall report settlement.

2. Today, 30.07.2024, both the parties seek two weeks adjournment. From the proceedings recorded by his lordship G.Rajasuria, it is found that there is no substantial question of law at the earliest point of time. It is seen that the learned Counsel for the Appellant is not inclined to proceed with the Appeal. Hence, this Court is left with no other option except to dismiss the Appeal for non prosecution.

3. Therefore, the above Second Appeal stands dismissed for nonprosecution. Consequently, connected miscellaneous petitions are closed. .2024 shl Index : Yes/No Speaking/Non-speaking order 2/3

SATHI KUMAR SUKUMARA KURUP, J., shl S.A.No.635 of 2013 and M.P.No.1 and 2 of 2013 and C.M.P.No.11430 of 2018 30.07.2024 3/3