Pottiammal v. Rani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2020

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM A.S.No.387 of 2017 And C.M.P.No.14427 of 2017 1.Pottiammal 2.Narasimman 3.Mohan 4.Rajakumari 5.Janagi 6.Saranya .. Appellants/Defendants vs.

Rani .. Respondent/Plaintiff Appeal Suit is preferred under Section 96 of the Code of Civil Procedure read with Order 41, Rule 1 of the Code of Civil Procedure, against the judgment and decree dated 16.09.2014 passed in O.S.No.48 of 2010 on the file of the learned District Judge, Thiruvannamalai.

For Appellants : No Appearance For Respondent : Mr.K.G.Senthil Kumar

J U D G M E N T

The matter was listed for hearing on 09.12.2019, none appeared for the appellant on that day and the appeal suit was listed under the caption 'For Dismissal' on 11.12.2019. When the matter was taken up on 11.12.2019, a request was made by the learned counsel for the appellants to grant two weeks adjournment. Accordingly, the appeal suit was adjourned. Again a request was made by the learned counsel for the appellants to adjourn the matter. Once again an opportunity was given and the appeal suit was adjourned by three weeks.

2. On 03.01.2020, when the matter was listed on 27.01.2020, none appeared for the appellants and again it was posted under the caption 'For Dismissal' on 29.01.2020. When the matter is taken up today i.e., 29.01.2020, there is no representation on behalf of the appellants. Thus, it is to be construed that the appellants are not interested in pursuing the matter.

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3. Accordingly, the present appeal suit stands dismissed for non-prosecution. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar Svn To The District Judge, Thiruvannamalai.

A.S.No.387 of 2017 A.SK(24/02/2020) https://hcservices.ecourts.gov.in/hcservices/