Sree Venkatachala Flat Owners v. C.Surendra Kumar

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR. JUSTICE R.SAKTHIVEL O.S.A.No.90 of 2018 and C.M.P.Nos.5571 & 5572 of 2018 Sri Venkatachala Flat Owners Association, represented by its Secretary Harish Mahbubani, No.27, Sir Thyagaraya Road, T.Nagar, Chennai - 600 017.

... Appellant Vs.

1.C.Surendra Kumar 2.K.Vijayanad 3.C.Chidambaram 4.K.Kishore 5.K.Venkatasubramanian 6.N.Sumathi 7.M.Rajanayagam 8.B.Muralikrishnan 9.JE.N.Vijayashailu 10.Suresh Babu 11.K.Venkatasubramanian 12.A.K.Venkataraman 13.N.Muralidharan 1/4

14.Govindammal 15.R.Bhaskar Rao 16.N.Ravichandran 17.S.Venkatasubramaniyan 18.Lalitha Prasad 19.R.Sathisan 20.M.Srinivasaprasad 21.M/s.Raviram Builders, represented by A.Meenakshi, having Office at No.3, Mangesh Street, T.Nagar, Chennai - 600 017.

... Respondents Prayer : Original Side Appeal filed under Order XXXVI Rule 1 of the Original Side Rules read with Clause 15 of the Letters Patent, to set aside the judgment and decree dated 13.12.2017 passed in O.A.No.684 of 2017 in C.S.no.534 of 2017 and consequently allow O.A.No.684 of 2017 in C.S.no.534 of 2017.

For Appellant : No appearance *******

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) There has been no appearance for the learned counsel for the appellant consistently for more than two hearings. When the appeal was listed before the other Division Bench on 02.01.2024, 03.01.2024 and on 2/4

23.01.2024 none appeared for the appellant. The appeal was listed before us on 07.03.2024. Even before us there was no representation for the appellant.

2. Hence, this appeal is dismissed for non-prosecution. No costs. Consequently, the connected miscellaneous petitions are closed. (R.S.M., J.) (R.S.V., J.) 13.03.2024 dsa Index : No Internet : Yes : No Non-Speaking order 3/4

R.SUBRAMANIAN, J.

and R.SAKTHIVEL , J.

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