Rengasamy v. Guruviah Reddiar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and M.P.(MD)No.1 of 2010 Rengasamy ... Appellant / Plaintiff -Vs1.Guruviah Reddiar 2.Muthusamy 3.Sriramaguru 4.Sudharshana Guru 5.Sethuramalingam 6.Jawahar 7.A.Ganapathiapillai 8.Arumugam 9.G.Sankaranarayanan 10.G.Ramasamy 11.G.Sundari 12.N.A.Mohana Subbulakshmi 13.S.Santhi 14.R.Shunmuga Leela ... Respondents / Defendants 1/4

(Notice may be dispensed with on 3rd and 4th respondents as they have ex-parte in Lower Court) PRAYER : Appeal Suit is filed under Section 96 of the Code of Civil Procedure to set aside the decree and judgment made in O.S.No.39 of 2005 dated 09.04.2010 on the file of the 1st Additional District Court, Tirunelveli. For Appellant : Mr.R.Manimaran For R1, 5 & 6 : Mr.M.V.Venkateseshan For R8 to R14 : Mr.D.Nallathambi

JUDGMENT

When the matter was taken up for hearing on 21.06.2022, at the request of both sides, the matter was directed to be listed today (13.07.2022) with an observation that no further time will be given on that date. 2.Today also, when the matter is taken up for hearing, the learned counsel for the appellant seeks adjournment, which shows that the learned counsel is not interested to argue the appeal and he wants to keep the appeal pending further, since the appeal is pending from the year 2010. Under these circumstances, this Court has no other option, except to dismiss the appeal for 2/4

non-prosecution. Accordingly, this Appeal Suit stands dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed.

13.07.2022 Index : Yes / No Internet : Yes / No Myr To 1.The 1st Additional District Judge, Tirunelveli.

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

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P.VELMURUGAN , J.

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