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Madras High CourtAS/53/2021dismissed for nonprosecution

C.Subashini v. V.N.A.S.Chandran

2025-11-17Honourable Dr.Justice A.D.Maria Clete4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-11-2025

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE C.Subashini ... Appellant Vs

1. V.N.A.S.Chandran

2. C.Shreedharan

3. C.Gajalakshmi ... Respondents PRAYER: This Appeal suit is filed under Section 96 read with Order XLI Rule 1 and 2 of Civil Procedure Code, against the judgment and decree dated 26.08.2019 made in O.S.No.182 of 2005 on the file of the V Additional District Court, Coimbatore.

For Appellants : No appearance R1 :Mr.R.Krishna Prasad for M/s.Sarvabhauman Associates R2 & R3 : No appearance 1/4

JUDGMENT

When the matter was listed for hearing on 03.06.2025, there was no representation for the appellant, hence, this Court, directed the Registry to list the matter under the caption "for dismissal" on 06.06.2025. On 06.06.2025, upon submission of the learned counsel for the appellant that the settlement talk was going on, directed the Registry to list the matter on 16.6.2025 and again on 24.6.2025 under the caption " for reporting settlement'.

2. The mediation report was received on 12.08.2025 and the same was ended in fail. Hence, this Court again posted the matter on 25.08.2025 under the caption " for arguments".

3. Though sufficient opportunity was given to the appellant to argue the matter, when the matter is called today there is no representation for the appellant and the learned counsel for the first respondent is present. Hence it is clear and evident that the appellant is not interested in prosecuting the appeal. Hence, this Appeal Suit is dismissed for non prosecution. No costs. 17.11.2025 mfa Index: Yes / No 2/4

To

1. The V Additional District Judge, V Additional District Court, Coimbatore.

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

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DR. A.D. MARIA CLETE, J mfa 17.11.2025 4/4