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Madras High CourtAS(MD)/166/2013dismissed for nonprosecution

Thamayandhi, v. Chandrapushpam,

2022-07-14Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2022

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN A.S (MD)No.166 of 2013 and M.P(MD)No.1 of 2013 1.Thamayandhi 2.Minor Pavithra 3.Minor Satheesh 4.Radhi 5.Shanthi (Minor appellants 2 & 3 are represented by its mother and Natural guardian Thamayandhi) ....Appellants/ Defendants 1 to 5 Vs.

1.Chandrapushpam ..1st Respondent/Plaintiff 2.Premkumar .. 2nd Respondent/Defendant-6 PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code, to set aside the decree and judgment dated 24.06.2013 rendered in O.S.No. 26 of 2011, on the file of the Principal District Judge, Tuticorin by allowing this First Appeal and to grant such other relief.

For Appellants : Mr.G.Aravinthan For R1 : Mr.S.Vinayak For R2 : Mr.M.Kumar

J U D G M E N T

When the matter came up for hearing on 24.06.2022, the matter was directed to be listed on 14.07.2022 with an endorsement that 'No further time will be granted'. Today (14.07.2022) when the matter is taken up for hearing, the learned counsel appearing for the appellants is not ready to argue the appeal suit. This shows that the appellants are not interested in prosecuting the appeal. Hence, this Court has no other option except to dismiss the appeal for non-prosecution.

2.Accordingly, the appeal suit is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No Speaking Order : Yes / No 14.07.2022 am

To

1. The Principal District Judge, Tuticorin.

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

P.VELMURUGAN, J.

am A.S (MD)No.166 of 2013 14.07.2022