Madras High CourtOSA/239/2019dismissed for nonprosecution

C. Anandasundaraman v. C. Tripurasundari

2026-02-02Honourable Mr Justice C.V. Karthikeyan,Honourable Mr.Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-02-2026

CORAM

THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU C. Anandasundararaman ..Appellant(s) Vs

1. C. Tripurasundari

2. A. Manimaran

3. E.E.N. Real Estates / E.E.N Xerox

4. Aavin Old Washermenpet Milk Consumer Co-Operative Society, Rep.By its Manager New No.901, Old No.293, T.H. Road, Old Washermenpet, Chennai- 21.

5. Magic Vision New No.901 (Old.No.293), 2nd Floor, T.H. Road, Old Washermenpet, Chennai-21.

6. National Tiffin Centre New No.901 (Old.No.293), 2nd Floor, T.H. Road, Old Washermenpet, Chennai-21.

..Respondent(s) Appeal filed under Clause 15 of the Letters Patent and Order XXXVI Rule 1 of the O.S.Rules to allow the above Original Side appeal and set aside the Judgment and Decree dated 16.02.2018 of the Learned Judge made in CS No.438 of 2010.

For Appellant(s):

Mr.Wilson Topaz for M/s.A.S.Kailasam For Respondent(s):

Mr.P.Sunil for Mr.T.Viswanatha Rao For R1 R2 to R6 - Dismissed (vide Court Order Dated 22/03/2024)

JUDGMENT

(Judgment of the Court was delivered by C.V.Karthikeyan, J.) The matter has been listed under the caption 'for dismissal'. The learned counsel for the appellant is present. The appellant was the first defendant in the suit. The plaintiff was his own sister. Both the learned counsel for the appellant and the first respondent expressed doubt whether the first respondent is still alive since instructions has not been given. Appellant has also not come forward to give necessary instructions. It is clear that the parties are not interested in prosecuting the appeal.

2.The appeal stands dismissed for non prosecution. No costs. Consequently, connected miscellaneous petitions, if any, are also closed. (C.V.K.,J.) (K.B.,J.) 02-02-2026 Index: Yes/No Speaking/Non-speaking order sli To Aavin Old Washermenpet Milk Consumer Co-Operative Society, Rep.By its Manager New No.901, Old No.293, T.H. Road, Old Washermenpet, Chennai- 21.

C.V.KARTHIKEYAN, J.

AND K.KUMARESH BABU, J.

sli 02-02-2026