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Madras High CourtAS/758/2014dismissed for nonprosecution

R.Rajendran v. Rani

2023-01-12Honourable Mr Justice S.S. Sundar,Honourable Mr Justice A.A.Nakkiran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN AS.No.758/2014 & MP.No.1/2014 1.R.Rajendran 2.R.Damodaran .. Appellants Vs.

1.Rani 2.R.Velu .. Respondents Prayer:- Appeal Suit filed under Section 96 of the Civil Procedure Code against the judgment and decree dated 31.07.2014 passed in OS.No.163/2012 on the file of the learned Additional District and Sessions Judge, Cuddalore.

For Appellants :

No appearance For R1 :

No appearance For R2 :

Mr.K.A.Aravindran

JUDGMENT

[Judgment of the Court was delivered by S.S.SUNDAR, J.,] (1) When the above Appeal Suit was earlier listed on 06.01.2023, there was no representation on behalf of the appellants. Therefore, Registry was directed to list the matter under the caption ''For Dismissal'' on 10.01.2023.

(2) Again, when the matter was listed on 10.01.2023 under the caption ''For Dismissal'', the learned counsel for the appellants was not ready and therefore, the matter was adjourned to today [12.01.2023]. (3) Even today, despite the Appeal Suit being posted under the caption ''For Dismissal'', there is no representation for the appellants. Hence, this Court is left with no other option except to dismiss the appeal for default.

(4) Accordingly, the Appeal Suit stands dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is closed.

[SSSRJ] [AANJ] 12.01.2023 AP Internet : Yes To 1.The Additional District and Sessions Judge, Cuddalore.

2.The Section Officer VR Section, High Court Chennai.

S.S.SUNDAR, J., AND A.A.NAKKIRAN, J., AP 12.01.2023