Mr. Murugesa Marudavanan v. Mr.M.Ganesh Prabhu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE R. SAKTHIVEL --- Murugesa Marudavanan residing at No. 8, Charulatha Apartments, 12/23 Club Road, Chetput, Chennai-31 presently residing at No. 20/35, Sunkuvar Street, Triplicane, Chennai-600 005.

...Appellant

Versus

1.M.Ganesh Prabhu 79, New Boag Road, T.Nagar, Chennai - 600 017.

2.K.V.Krishnan 79, New Boag Road T.Nagar, Chennai - 600 017.

...Respondents

Prayer: Appeal Suit is filed under Order XLI read with Section 96 of the Code of Civil Procedure, 1908 praying to set aside the Judgment and Decree in O.S.No.4377 of 2013 dated December 22, 2015 passed by XV Additional City Civil Court, Chennai.

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For Appellant : No Appearance For Respondent-1 : M/s. Venkatakrishna Kumar For Respondent-2 : Died vide order dated 25.04.2024.

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JUDGMENT

No representation for the appellant.

2.Mr.Venkatakrishna Kumar, learned Counsel for the Respondent No.1 is before this Court.

3.When the case was listed before this Court on 11.06.2025, this Court observed as follows:- "Mr.G.Sivashankaran, learned Counsel for the appellant and Mr.Ashok Chakravarthy, learned Counsel for the first respondent are before this Court.

2.Learned Counsel for the appellant reported 'no instructions'. To that effect, he has filed a Memo dated 11.06.2025.

3.In view of the Memo filed by the learned Counsel for the appellant, Registry is directed to print the name of the appellant in the cause list and list the matter on 30.06.2025".

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4.Despite name printed, the sole appellant did not appear before this Court. The appellant was called absent. No representation for the appellant. Hence, this Appeal Suit is dismissed for default. Considering the relationship between the parties there shall be no order as to costs. 07.07.2025 MSM To The XV Additional City Civil Court, Chennai.

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R. SAKTHIVEL, J MSM 07.07.2025 4/4