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Madras High CourtAS(MD)/604/2011dismissed for nonprosecution

Minor Swaminathan v. Durairaj

2022-06-24Honourable Mr Justice P. Velmurugan2 pages

A.S.(MD)No.604 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN A.S.(MD)No.604 of 2011 Minor Swaminathan through his Mother and Guardian Subbulakshmi ... Appellant / Plaintiff -Vs1.Durairaj 2.Murugan 3.Kasi Viswanathan 4.Gopalakrishnan 5.Senthiladhipan 6.Palkaniammal 7.Thangaraj Nadar 8.Karthikeyan 9.Venkatasubramanian ... Respondents / Defendants 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.91 of 1996 dated 03.03.2003 on the file of the Subordinate Judge, Tuticorin.

For Appellant : No Appearance For R1 to R3 : Dismissed For R4 : No Appearance For R5 : Mr.M.C.Swamy For R6 : No Appearance For R7 to R9 : Mr.G.Prabhurajadurai

JUDGMENT

When the matter was taken up for hearing on 16.06.2022, none appeared on behalf of the appellant. Therefore, the matter was directed to be listed today (24.06.2022) under the caption 'for dismissal'.

2.Today also, when the matter is taken up for hearing, none appeared on behalf of the appellant. The learned counsel for the respondents 4 to 9 are present. Since the appeal is pending from the year 2011, the appellant does not show interest in pursuing the appeal. Therefore, this Court has no other option except to dismiss https://hcservices.ecourts.gov.in/hcservices/ 1/2

A.S.(MD)No.604 of 2011 this appeal for non-prosecution. Accordingly, this Appeal Suit stands dismissed for non-prosecution. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // /07/2022 Sub Assistant Registrar(CS) Myr To 1.The Subordinate Judge, Tuticorin.

2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES) +1 CC to M/s.G. RAJARAMAN, Advocate ( SR-27883[F] dated 24/06/2022 ) +1 CC to M/s.G. PRABHU RAJADURAI, Advocate ( SR-28316[F] dated 27/06/2022 ) A.S.(MD)No.604 of 2011 24.06.2022 RD(05.07.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2