Madras High CourtAS(MD)/268/2008dismissed for nonprosecution

Nagappa Chettiar v. Muthuraman Chettiar (Died)

2022-08-04Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2022 CORAM :

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Nagappa Chettiar ... Appellant vs.

Muthuraman Chettiar

1. Rajamaniyatchi

2. Saraswathi Achi

3. Meenakshi Achi

4. Muthupalaniappa Chettiar

5. N.M.Chinnadurai

6. Senthilnathan

7. Palaniyappan

8. Alagumuthukaruppa @ Jothi

9. Vairathal

10. Raj Pradeep

11. Predeep Kumaran

12. N.M.Singaram Chettiar ... Respondents

Appeal Suit filed under Section 96 of the Code of Civil Procedure, against the judgment and decree dated 06.09.2007 made in O.S.No.19 of 2004 on the file of the Principal District Judge, Pudukkottai. For Appellant : Mr.T.Lajapathi Roy For R2 to R4 & R9 to R12 : No appearance

JUDGMENT

By an order dated 04.07.2018, the appeal was already dismissed in respect of the respondents 1 and 5 to 8 for not filing the batta with foreign envelope affixed with sufficient stamp. To restore the appeal as against those respondents, there was a delay of 326 days in filing the restoration petition and to condone such delay, CMP(MD)No. 7029 of 2019 was filed and it was dismissed for default on 19.07.2022, since batta was not filed in that petition. Thereafter, on 29.07.2022, when the appeal came up for hearing, at the request of the learned counsel for the appellant, it was adjourned to 04.08.2022. Even today, the learned counsel for the appellant sought for an adjournment. It appears that the appellant is not interested in prosecuting the appeal.

Hence, the Appeal Suit is dismissed for non prosecution. No costs.

bala 04.08.2022 Index : Yes / No Internet : Yes To The Principal District Judge, Pudukkottai.

P.VELMURUGAN, J.

bala JUDGMENT MADE IN DATED : 04.08.2022