Madras High CourtAS(MD)/107/2016dismissed for nonprosecution

Srinivasa Ragavan, v. Mr.A.R.Doss

2022-01-25Honourable Mrs Justice S.Ananthi (Retd.)2 pages

A.S.(MD)No.107 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2022 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI A.S.(MD)No.107 of 2016 and C.M.P(MD)No.5784 of 2021 Srinivasa Ragavan ...Appellant/Plaintiff Vs.

1.A.R.Doss 2.Usha Rani 3.Balamurali Krishnan

...Respondents/Defendants

PRAYER: This Appeal Suit filed under Section 96 of Civil Procedure Code, to set aside the judgment and decree, dated 27.04.2016 made in O.S.No.89 of 2014 on the file of the II Additional District and Sessions Judge, Thanjavur and decree the suit in favour of the appellant as prayed in the plaint.

For Appellant : No Appearance For Respondents : Mr.G.Mohan Kumar for R1 : Mr.S.Muthumalai Raja for R2 & R3

JUDGMENT

When the Appeal Suit was taken up for hearing on 22.12.2021, there was no representation on behalf of the appellant and therefore, the matter was posted on 11.01.2022 ' for appearance of the appellant. On 11.01.2022 also there was no representation for the appellant and hence the matter was posted under the caption 'for dismissal' on 25.01.2022. Even today, i.e., 25.01.2022 there is no representation on behalf of the appellant.

2.In view of the same, the Appeal Suit is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

A.S.(MD)No.107 of 2016 vsd Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The II Additional District and Sessions Judge, Thanjavur.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.(2 copies) Judgment made in A.S.(MD)No.107 of 2016 and C.M.P(MD)No.5784 of 2021 25.01.2022 kk(CO) TR(08.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2