Madras High CourtSA(MD)/1204/2006dismissed for nonprosecution

G.Premavathi v. P.Gajarajan

2024-09-02Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and C.M.P(MD).No.1 of 2006 G.Premavathi ... Appellants .vs.

1.P.Gajarajan 2.P.Ramasamy (Died) 3.R.Vasantha Kokilam 4.R.Kaliaraj (R3 & R4 are brought on record as LRs of the deceased 2nd respondent vide order dated 19.03.2014) ... Respondents PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 12.04.2006 made in A.S.No. 39 of 2005, on the file of the Additional District and Sessions Judge, Fast Track Court No.3, Madurai confirming the judgment and decree dated 19.10.2004 made in O.S.No.912 of 1999, on the file of the II Additional Sub Judge, Madurai.

For Appellant : No appearance For R1 : Mr.R.Janakiramulu R2 : Died For R3 & R4 : No appearance

J U D G M E N T

When the matter was taken up for hearing on 27.08.2024, it was the learned counsel appearing for the appellant reported 'No Instructions' and he has also filed a memo to that effect. The said memo is recorded.

2. Hence, this Court directed the Registry to print the name of the appellant in the cause-list and posted the matter on 28.08.2024. Pursuant to the order, dated 27.08.2024, though the name of the appellant has been printed in the cause list, there was no representation for the appellant and directed the Registry to list the matter under the caption 'for dismissal' today i.e., on 02.09.2024. Today also there is no representation on behalf of the appellant either in person or through counsel. This shows that the appellant

is not interested in prosecuting the appeal. Hence, this Court has no other option except to dismiss the appeal for non-prosecution. 3.Accordingly, the second appeal is dismissed for nonprosecution. No costs. Consequently, connected miscellaneous petition is closed.

Index : Yes / No Speaking Order : Yes / No 02.09.2024 am

To 1.The Additional District and Sessions Judge, Fast Track Court No.3, Madurai.

2.The II Additional Sub Judge, Madurai.

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

V.BHAVANI SUBBAROYAN, J.

am 02.09.2024