Madras High CourtAS(MD)/7/2012dismissed for nonprosecution

P.Palanivel Rajan v. R.Mahamayi

2022-08-01Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2022

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN A.S (MD)No.7 of 2012 1.P.Palanivel Rajan 2.P.Selvarani 3.P.Ilayarani 4.P.Revathi ... Plaintiffs/Appellants Vs.

1.R.Mahamayi 2.R.Muthusamy 3.R.Velammal 4.J.Arumugam 5.M.Rajeshwari ... Defendants/Respondents PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code, against the judgment and decree made in O.S.No.140 of 2010, dated 21.11.2011 on the file of the Additional District Judge, Fast Track Court No.III, Madurai.

For Appellants : Mr.D.Sadiq Raja For Respondents : Mr.V.Srinivasan

J U D G M E N T

When the matter came up for hearing on 04.07.2022, none appeared for the appellants and in order to give one more opportunity to the parties to decide the appeal on merits, the matter was directed to be listed on 01.08.2022, failing which, the appeal shall stand dismissed without further reference to this Court. Today (01.08.2022) when the matter is taken up for hearing, there is no representation for the appellants. The learned counsel for the respondents is present. 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.

Index : Yes / No Speaking Order : Yes / No 01.08.2022 am

To 1.The Additional District Judge, Fast Track Court No.III, Madurai.

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

P.VELMURUGAN, J.

am A.S (MD)No.7 of 2012 01.08.2022