The Chairman Cum Managing v. S.M. Durai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2019

CORAM:

THE HONOURABLE MS.JUSTICE S.M.SUBRAMANIAM C.M.P. No.5117 of 2017 and A.S.SR.No.94035 of 2015

1. The Chairman Cum Managing Director, Tamil nadu Housing Board, Anna Salai, Nandhanam, Chennai - 600 035.

2. The Executive Engineer, Tamil Nadu Housing Board, Besant Nagar Division, Dr. Muthulakshmi Salai, Chennai.

.. Appellants Vs.

1. S.M. Durai

2. P. Srinivasan

3. Vijashree @ Ramathilagam .. Respondents PRAYER: C.M.P.No.5117 of 2017 is filed under Section 5 of the Limitation Act, to condone the delay of 275 days in filling the above AS.SR.No.94035 of 2015.

AS.SR.No.94035 of 2015 is filed under Section 96 of Civil Procedure Code, against the Judgment and Decree dated 31.10.2014 made in O.S.No.8323 of 2011 on the file of the First Additional Court (TADA), Chennai.

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For Appellants : No appearance

J U D G M E N T

This matter was listed for hearing on 05.12.2019 and none appeared for the appellant. Thus, the case was listed under the caption 'For Dismissal' on 06.12.2019. Again, when the matter was called on 06.12.2019, there was no appearance on behalf of the appellant. Thus, in order to give a further opportunity, this matter is directed to be listed under the same caption 'For Dismissal' on 09.12.2019. When the case is taken up for hearing today, no one appeared on behalf of the appellant. In spite of the opportunities given twice, the appellant is not interested in pursuing this matter.

2. Accordingly, M.P.No.5117 of 2017 stands dismissed for nonprosecution and consequently, AS.SR.No.94035 of 2015 is rejected at the SR stage itself. No costs.

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To First Additional Court (TADA), Chennai.

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S.M.SUBRAMANIAM, J.

mp C.M.P. No.5117 of 2017 and AS.SR.No.94035 of 2015 09.12.2019 4/4