Madras High CourtSA/138/2011dismissed for nonprosecution

J.Sarojini Devi v. A.N.Shanmuga Sundara

2017-03-16Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN S.A.No.138 of 2011 and M.P.No.1 of 2011 J.Sarojini Devi, Rep. by Power of Attorney J.Kirubakaran, substituted of Jagannathan Mudaliar, as per order in I.A.No.16658 of 2005, dated 15.09.2005 .. Appellant/Plaintiff Vs.

1. A.N.Shanmuga Sundara Mudaliar (deceased)

2. S.Raghu

3. S.Raja

4. N.Krishnaswamy (deceased)

5. N.A.Sattar

6. C.Nirmala

7. Surendra Kumar Bothra

8. Gajendra Singh Bothra

9. Kanchan Kumari Bothra

10. Pondex Co-operative Sales Society, Rep. by its Manager Office No.33, Old No.15, Duraiswamy Road, T.Nagar, Chennai-17.

11. S.R.Enterprises Sole Proprietor Concern Rep. by its Proprietor Business at No.33, Old No.15, Duraiswamy Road, T.Nagar, Chennai-17.

12. Macro Electricals, Sole Proprietor concern, Business at No.33, Old No.15, Duraiswamy Road, T.Nagar, Chennai-17.

13. Dr.S.Murthy

14. Jayaraman

15. Ganesan

16. Punyakoti

17. Bhanumathi https://hcservices.ecourts.gov.in/hcservices/

18. Natarajan

19. Srinivasalu

20. Padmini Rangarajan

21. Jayashree

22. Ranjani (Respondents 4 to 6 and 10 to 22 are given up the notice and respondents already set ex-parte in lower Court) .. Respondents/Defendants Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 20.11.2009 in A.S.No.94 of 2008 on the file of the III Additional City Civil Court, Chennai, against the judgment and decree dated 14.12.2007 in O.S.No.2450 of 1996 (C.S.No.593 of 1982) on the file of the XI Assistant City Civil Court, Chennai.

For appellant : No appearance For respondents: R-1 died Mr.N.Suresh for RR-2 and 3 RR-4 to 6 and 10 to 22 - given up RR-7 to 9 - Not ready in notice

JUDGMENT

When the Second Appeal came up for hearing on 09.03.2017, there was no representation for the appellant, and hence, it was directed to be listed under the caption "for dismissal" today (16.03.2017). Even today, there is no representation for the appellant. Hence, the Second Appeal is dismissed for default. No costs. The Miscellaneous Petition is closed.

Sd/- Asst.Registrar (CS III) /true copy/ Sub Asst. Registrar cs Copy to

1. The III Additional Judge, City Civil Court, Chennai.

2. The XI Assistant Judge, City Civil Court, Chennai.

3. The Record Keeper, V.R. Section, High Court, Madras. +1cc to Mr.N.Suresh,Advocate sr.16812 S.A.No.138 of 2011 rj(co) ss(28/3/2017) https://hcservices.ecourts.gov.in/hcservices/