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Madras High CourtAPPLN/131/2021dismissed for default

V.S.Suresh v. M/S.Radha Kishan Satyanarayanan Rathi Huf

2022-08-08Honourable Mr Justice M. Sundar3 pages

Appln.No.131 of 2021 in M.SUNDAR.J., Read this in conjunction with and in continuation of earlier proceedings made in the previous listings on 18.07.2022 and 01.08.2022, which read as follows:

'Proceedings dated 18.07.2022 Mr.T.Srikanth, learned counsel for respondent, who is before this Court, submits that he has filed counter affidavit and completed pleadings but there is no representation for the applicants.

2. With the intention of giving opportunity to the applicants and applicants' counsel, this matter is adjourned by a fortnight. List on 01.08.2022.'

'Proceedings dated 01.08.2022 Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 18.07.2022.

2. Position is no different today. In other words, Mr.T.Srikanth, learned counsel for respondent is before this Court but there is no representation for applicants.

3. With the intention of giving one further but last opportunity to applicants and applicants' counsel, list this matter 1/3

under the cause list caption 'FOR DISMISSAL' one week hence. List on 08.08.2022.'

2. Pursuant to aforementioned proceedings, captioned matter is listed under the cause list caption 'FOR DISMISSAL' today.

3. Notwithstanding such listing, there is no representation for the applicant. However, Mr.T.Srikanth, learned counsel for respondent in the captioned application is before this Court.

4. The narrative thus far will bring to light that applicant has not come before this Court for the third consecutive/successive listing notwithstanding the captioned matter being listed under the cause list caption 'FOR DISMISSAL'.

5. Therefore, captioned application is dismissed for default/nonprosecution. There shall be no order as to costs. 08.08.2022 (1⁄2) gpa 2/3

M.SUNDAR.J., gpa Appln.No.131 of 2021 in 08.08.2022 (1⁄2) 3/3