Dr.V.Sivakumar v. Mrs. G. Ambujam[Decs]

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 28.03.2022

CORAM:

THE HONOURABLE TMT. JUSTICE S. KANNAMMAL A.S.No.99 of 2014 Dr.V. Sivakumar ... Appellant/ 3rd Defendant Vs.

Mrs. G. Ambujam (deceased) ...Plaintiff

1. Mr.K.Ganesan

2. Mr.G.Manivasagam

...Respondents/Plaintiff 2&3

3. Mrs.V.Karuanidhi

4. V. Jeevan

5. Mrs.Indira

6. Mrs.Anusuya

7. Mrs.Saradha

8. Ms.Sundaravalli

9. Mathiyavarnam 10.Mrs.Manimegalai 11.Mr.G.Selvaraj 12.Mr.T.ANeelakandan 13.Mr.Vijay Nivas 14.Aravind Nivas ... Respondents / Defendants PRAYER: Appeal Suit is filed under Section 96 of the Civil Procedure Code to set aside the Judgment and Decree dated 06.08.2013 passed in O.S.No.6 of 2009 by the learned District and Sessions Judge, Thiruvarur.

For Appellant : No appearance For Respondent-8 : M/s.T.Sathya Moorthy

J U D G M E N T

This Appeal Suit has been filed to set aside the Judgment and Decree of the learned District and Sessions Judge, Thiruvarur. made in O.S.No.6 of 2009 dated 06.08.2013. https://hcservices.ecourts.gov.in/hcservices/

2. Today when the matter came up for hearing there was no representation on behalf of the Appellant. In the earlier occasions also, there was no representation for the Appellant. Learned counsel for Respondent-8 present. In the previous hearing i.e., on 09.03.2022 also there was no representation on behalf of the appellant and hence the matter was ordered to be listed today under the caption "For Dismissal."

3. On perusal of the case records it came to know that there was no representation for the past two years i.e. from 2020. Inspite of repeated adjournments, the neither the Appellant nor his counsel have present and shown interest to conduct the appeal.

4.In such a view of the matter, the Appeal Suit is liable to be dismissed. Accordingly, the Appeal Suit is dismissed for non-prosecution. No costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR ggs To:

The District and Sessions Judge, Thiruvarur.

Copy to The Section Officer, V.R Section, High Court, Madras.

+1cc to Mr.T.Sathiyamoorthy, Advocate Sr.20700 A.S.No.99 of 2014 pa[co] srg 21/04/2022 https://hcservices.ecourts.gov.in/hcservices/