C. Balasaraswathy v. C. Bharat Bhusan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-08-2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU S.A.No.445 of 2016

1. C. Balasaraswathy W/o. Late C. Kothandarama Chetty, Both Are Residing At No.7, Ramakrishna Street, Chennai - 600 001.

2.C.Y.Venkataramanjulu S/o. Late C. Kothandarama Chetty.

Appellant(s) Vs

1. C. Bharat Bhusan S/o. Late C. Kothandarama Chetty, No.7, Ramakrishna Street, Chennai - 600 001.

Respondent(s) PRAYER Second Appeal filed under Section 100 of Civil Procedure Code, praying to set aside the Judgment and decree dated 25.11.2015 made in A.S.No.401 of 2013 on the file of the XIX Additional City Civil Court, Chennai, confirming the judgment and decree dated 16.07.2013 passed in O.S.No.1083 of 2007 on the file of the Learned II Assistant Judge, City Civil Court, Chennai.

For Appellant(s):

No appearance For Respondent(s):

No appearance

JUDGMENT

When the matter was taken up on 08.08.2025, a memo was filed by the learned counsel for the appellants, indicating that there were "No instructions" from the appellants, in spite of addressing them. Recording the said memo, by order dated 08.08.2025, this Court had directed to delete the name of the learned counsel for the appellants and directed the Registry to print the name of the appellants in the cause list.

2. Thereafter, on 14.08.2025, the names of the appellants were shown in the cause list. Even on 14.08.2025, when the matter was taken up, there has been no representation on the side of the appellants, either by themselves or by any counsel representing them. Hence, the matter was directed to be listed under the caption 'For dismissal' today.

3. Even today, when the matter was taken up, there is no representation on behalf of the appellants. Hence, it is evident that the appellants are not

diligent in prosecuting the second appeal.

4. In fine, the second appeal stands dismissed for non-prosecution. However, there shall be no order as to costs. 22-08-2025 kak Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.C. Bharat Bhusan S/o. Late C. Kothandarama Chetty, No.7, Ramakrishna Street, Chennai - 600 001.

K.KUMARESH BABU J.

kak 22-08-2025