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Madras High CourtAS/228/2021dismissed for nonprosecution

Nagabooshanam v. R Sundar

2025-11-12Honourable Dr.Justice A.D.Maria Clete3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2025

CORAM

THE HON'BLE DR. JUSTICE A.D. MARIA CLETE A.S.No.228 of 2021 and CMP.Nos.11178 & 11179 of 2021 Nagabooshanam ... Appellant Vs.

1. R.Sundar R.Jayaraman (died)

2. Sakunthala

3. Rani

4. Usha

5. Balaji

6. Dhanalakshmi ... Respondents First Appeal is filed under Section 96 of the Civil Procedure Code, to set aside the judgment and decree dated 07.01.2020 passed in O.S.No.124 of 2014 by the learned 1st Additional District Judge, Thiruvallur. For Appellant : No appearance For Respondents : Mr.M.S.Subramanian for R1 R2, R3 & R6 served no appearance R4 & R5 Batta due notice not ready

JUDGMENT

When the matter was listed for hearing on 05.11.2025, there was no representation for the appellant, hence, Registry was directed to list the matter under the caption "for dismissal" on 12.11.2025 (i.e.,) today. When the matter is called today there is no representation for the appellant and hence it is clear and evident that the appellant is not interested in prosecuting the first appeal.

2. Hence, this first appeal is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petitions are also closed. 12.11.2025 Index : Yes/No Speaking order/Non-speaking order dpq To

1. The I Additional District and Sessions Court, Vellore.

2. The Section Officer, VR Section, High Court of Madras

Chennai.

Dr.A.D. MARIA CLETE , J.

dpq A.S.No.228 of 2021 and CMP.Nos.11178 & 11179 of 2021 12.11.2025