Madras High CourtAS(MD)/109/2008dismissed for nonprosecution

N.Ravi v. N.Baskar

2023-06-07Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR A.S(MD)No.109 of 2008 and M.P(MD)No.1 of 2008 N.Ravi :Appellant/Plaintiff .vs.

1.N.Baskar 2.S.Suresh 3.N.Rajendran 4.T.B.Thinakaran 5.M.Sivagami 6.Anusya 7.Yaswanth (Minor respondents 6 and 7 are declared as major and guardianship of their next friend, 6th defendant Sivagami is discharged vide order of this Court made in A.S(MD)No.109 of 2008, dated 28.6.2022) PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code against the judgment and decree made in O.S.No.175 of 2004, dated 29.09.2006, on the file of I Additional District Judge, Tiruchirappalli.

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For Appellant :No appearance For Respondent-1 :Died For Respondents :Mr.R.Sundar 2,3 and 5 For Respondent-4 :Dismissed as abated For Respondents :Batta due 6 and 7

JUDGMENT

************* No representation for the appellant, despite the matter is posted today for final hearing.

2.It is to be noted that this appeal suit was dismissed for default on 21.07.2022 and thereafter, the same was restored to file on 13.04.2023 and posted for final hearing today. While restoring the appeal suit on file, it is made clear to the counsels that the matter will be taken up for final hearing on 7.6.2023, which has also been agreed by them. Inspite of the same, there is no representation on behalf of the appellant. This shows that the appellant is not interested in prosecuting the appeal suit further. Hence, this Court has no other option except to dismiss the appeal suit for non-presecution.

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3.Accordingly, the appeal suit is dismissed for nonprosecution. No costs. Consequently, connected Miscellaneous Petition is closed.

07.06.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.The Ist Additional District Judge, Tiruchirappalli.

2.The Section Officer,, V.R Section, Madurai Bench of Madras High Court, Madurai.

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N.SATHISH KUMAR.,J.

vsn JUDGMENT MADE IN A.S(MD)No.109 of 2008 and M.P(MD)No.1 of 2008 07.06.2023 4/4