Madras High CourtAS(MD)/181/2017dismissed for default

A.Radhika, v. A.S.Shanmugasundaram,

2025-09-22Honourable Mr Justice C.V. Karthikeyan,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2025

CORAM:

THE HONOURABLE Mr.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE Mr.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.10366 of 2017 A.Radhika ... Appellant Vs 1.A.S.Shanmugasundaram 2.S.Yasothai 3.Dr.A.Santhosam 4.S.Susila Rani 5.A.Packia Laxmi 6.R.Meena 7.S.Anand 8.C.Sulochana 9.M.Mayilvahanan 10.M.Senthilkumar 11.T.Ramadoss ... Respondents PRAYER: Appeal Suit filed under Order 41 and Rule 1 and 2 r/w Section 96 of CPC, to call for the original records from the learned V Additional District Judge, Madurai in O.S.No.44/2014 and set aside the judgment and decree dated 31.07.2017 passed by the learned Trial Court and also prayed to allow the suit.

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For Appellant : Mr.R.Narayanan For R1,R3,R5,R11: No appearance For R2, R4 & R7 : Mr.S.Mahesh Babu For R8 to R10 : Mr.Jessi Jeva Priya

JUDGMENT

(Judgment of the Court was made by C.V.KARTHIKEYAN,J.) On 09.09.2025 this Court has passed the following order:- "A memo has been filed by the learned counsel for the appellant, which reads as follows:- "It is submitted that the Appellant obtained change of vakalat along with all case papers. Therefore, we are not in a position to represent the Appellant at present. Hence, this Hon'ble Court may be pleased to order notice to the Appellant. It is prayed that this memo may be recorded and thus render justice."

2. In view of the above, Registry is directed to print the name and address of the appellant in the cause list and list the appeal suit for hearing on 18.09.2025."

2. On 18.09.2025, it had been noted as follows:- 2/4

"The name of the appellant is printed in the cause list. Registry may put up a note as to whether any vakalat has been filed. Post the matter 'for dismissal' on 22.09.2025."

3. The matter had been listed today under the caption 'for dismissal'. Learned counsel for the appellant is not present. Hence, this appeal suit is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed.

(C.V.K., J.) (R.V., J.) 22.09.2025 Index : Yes / No NCC : Yes / No Internet : Yes am To The V Additional District Court, Madurai.

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C.V.KARTHIKEYAN, J.

and R.VIJAYAKUMAR, J.

am ORDER MADE IN 22.09.2025 4/4