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Madras High CourtOSA/109/2017dismissed for nonprosecution

K.Baskaran v. S.Packialakshmi

2023-07-25Honourable Mr Justice R. Subramanian,Honourable Mrs Justice R. Kalaimathi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2023

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE R.KALAIMATHI and CMP.Nos.7498 of 2017, 10213 of 2018, 703 of 2013 and 14322 of 2017 OSA.Nos.109 of 2017 K.Baskaran ...Appellant Vs.

1. S.Packialakshmi

2. R.Bhavani

...Respondents

Prayer: Original Side Appeal filed under Order 36 Rule 1 of Original Side Rules r/w Clause 15 of the Letters Patent, against the judgment and decree made in Tr.C.S.No.465 of 2014, dated 09.01.2017 on the file of this Court.

For Appellant : Mr.C.B.Muralikrishnan For Respondents for R1 : Mr.T.M.Hariharan for Mr.S.Sathish Rajan for R2 : No Appearance Page No.1/4

OSA.Nos.210 of 2017 K.Baskaran ...Appellant Vs.

1. R.Bhavani

2. S.Packialakshmi

...Respondents

[R2 impleaded as per the order of this Court dated 02.01.2023 made in CMP.No.9703/2021 in OSA.No.210/2017] Prayer: Original Side Appeal filed under Order 36 Rule 1 of Original Side Rules r/w Clause 15 of the Letters Patent, against the judgment and decree made in TOS.No.8 of 2011, dated 09.01.2017 on the file of this Court.

For Appellant : Mr.C.B.Muralikrishnan For Respondents for R1 : No Appearance for R2 : Mr.T.M.Hariharan for Mr.S.Sathish Rajan C O M M O N J U D G M E N T [Judgment of the Court was delivered R.SUBRAMANIAN, J] We find from the earlier orders passed by this Court that this matter has been repeatedly adjourned and the Bench on 08.12.2022 Page No.2/4

after noting that the matter had been adjourned for 13 occasions, posted under the caption for orders on 14.12.2022. Even thereafter, adjournments have been taken without any shame.

2. Today, the learned counsel appearing for the appellant says that he has returned the papers. We are therefore sure that the appellant is not interested in prosecuting the matter. The learned Counsel for the appellant shows no bona fide for the claim now made. Hence, the appeals are dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petitions are closed.

3. The present counsel for the appellant shall notify the appellant regarding the dismissal of these appeals. (R.S.M.J.) (R.K.M.J.) 25.07.2023 Index :

No Speaking order: Yes pvs To The Section Officer, VR Section High Court, Madras.

Page No.3/4

R.SUBRAMANIAN , J.

and R.KALAIMATHI, J.

pvs 25.07.2023 Page No.4/4