K.Sakunthala v. K.Saughath Ali

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2024

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and M.P.No.1 of 2013 K.Sakunthala ...Appellant / 2nd Appellant / 3rd Defendant -Vs1.K.Saughath Ali

...Respondent / 1st Appellant

1st Defendant 2.Sri Vara Sidhi Vinayagar Apartment Owners Association Rep. By its President, K.Kaviarasu, S/o.V.Krishnamurthy, C-3, 5th Cross Street, Trustpuram, Kodambakkam, Chennai - 24.

...Respondent / 1st Respondent

Plaintiff 3.S.Muthazhaghu

...Respondent / 2nd Respondent

2nd Defendant Prayer:- Second Appeal preferred under 100 of CPC against the judgment and decree granted in O.S.No.3886 of 2003 dated 16.02.2007 on the file of the learned VII Assistant Judge at City Civil Court, Chennai, being confirmed in A.S.No.567 of 2008 dated 30.01.2012 on the file of the VI Additional Judge, City Civil Court, Chennai.

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For Appellant : No appearance For Respondents : No appearance

J U D G M E N T

When the case was taken up for hearing on earlier occasions on 19.08.2024 and 27.08.2024, there was no representation for the appellant. Hence this Court directed the Registry to list the matter under the caption "For Dismissal" on 30.08.2024 [today].

2. Even though the appeal is listed under the caption "For Dismissal" today, there is no representation for the appellant. Hence, this Court is left with no other option except to dismiss the appeal for non-prosecution. In the result, the Second Appeal stands dismissed for NonProsecution. No costs. Consequently, connected miscellaneous petition is closed.

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To 1.The Sub-Judge, Mayiladuthurai.

2.The District Munsif Court, Sirkali.

3.The Section Officer, VR Records, High Court, Chennai.

N.SENTHILKUMAR, J.

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