Hema Priyadharsini v. Dhanasegaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM 1.Hema Priyadharsini 2.Vinothselvam ... Appellants Vs.

1.Danasegaran 2.Ally 3.Mathiazhagan 4.Gunasundari Mathiazhiagan Marie Susai (died), Tenant Vacated 5.Ranganathan 6.Gandhi ... Respondents Prayer: Appeal Suit is filed under Section 96 of Civil Procedure Code read with Order 41 Rule 1 of the Civil Procedure Code, praying to set aside the Judgment and clause (i), (iii) and (iv) of the Decree dated 10.09.2018 passed in O.S.No.22 of 2005 on the file of the learned Principal District Judge at Pondicherry and decree the suit as prayed for with costs of both courts.

For Appellants : No appearance For Respondents : No appearance

J U D G M E N T

When the matter was listed for hearing on 21.02.2023, none appeared on behalf of the appellants. Thus, this Court passed an order, directing the Registry to list the matter on 23.02.2023 under the caption "For Dismissal".

2. Again, when the matter was called on 23.02.2023, there was also no representation on behalf of the appellants. In order to give one more opportunity, this Court passed an order, directing the Registry to list this matter once again under the caption "For Dismissal" on 27.02.2023.

3. Even today also i.e on 27.02.2023, when the matter is called, there is no representation on behalf of the appellants. Thus, it is evident that the appellants are not interested in pursuing the matter. Accordingly, the Appeal Suit in A.S.No.126 of 2020 stands dismissed for non-prosecution. No costs. 27.02.2023 kak Index : Yes

To The Judge, Principal District Court, Pondicherry.

S.M.SUBRAMANIAM, J.

kak 27.02.2023