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Madras High CourtAS/616/2018dismissed for nonprosecution

Jumma Masjid v. J.Mohanlal

2023-02-22Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22-02-2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Jumma Masjid Represented by its Muthavalli Mr.K.M.Moideen Kunhi, No.178, Kutchery Road, Mylapore, Chennai-600 004.

.. Appellant vs.

1.J.Mohanlal 2.M.Goutham Chand 3.M.Prakash Chand 4.M.Mahendra Chand 5.M.Marendra Chand 6.Nazeer Ahmed 7.M.Rahim 8.Md. Abdul Mubeen Badsha 9.The Tamil Nadu Wakf Board, Represented by its Chairman, No.1, Jaffar Sarang Street, 1/4

Vallal Seethakathi Nagar, George Town, Chennai-600 001.

.. Respondents PRAYER : This Appeal Suit is filed under Section 96 read with Order XLI, Rule 1 of the Civil Procedure Code against the judgment and decree dated 04.04.2018 passed by the learned XVIII Additional Judge, City Civil Court at Chennai in OS No.14051 of 2010.

For Appellant : No Appearance For Respondents-1 to 5 : Mr.P.Subba Reddy For Respondents-6 and 7 : Notice Dispensed With For Respondent-8 : No Appearance For Respondent-9 : Ms.V.Srimathi

J U D G M E N T

When the matter was listed for hearing on 15.02.2022, none appeared on behalf of the appellant. Thus, this Court passed an order, 2/4

directing the Registry to list the matter on 20.02.2023 under the caption "For Dismissal".

2. When the matter was called on 20.02.2023, there was also no representation on behalf of the appellant. In order to give one more opportunity, this Court once again passed an order, directing the Registry to list this matter under the caption "For Dismissal" on 22.02.2023.

3. When the matter is taken up for hearing today i.e., on 22.02.2023, none appeared for the appellant. Thus, it is evident that the appellant is not interested in pursuing the matter. Accordingly, the present Appeal Suit stands dismissed for non-prosecution. However, there shall be no order as to costs.

22-02-2023 Speaking Order/Non-Speaking Order.

Internet : Yes/No.

Index: Yes/No.

Svn 3/4

S.M.SUBRAMANIAM, J.

Svn To 1.The XVIII Additional Judge, City Civil Court, Chennai.

2.The Chairman, Tamil Nadu Wakf Board, No.1, Jaffar Sarang Street, Vallal Seethakathi Nagar, George Town, Chennai-600 001.

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