K.Mani vs G.Sivaneswaran
2021 Latest Caselaw 22458 Mad

                                                                                     AS.No.313/2018


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 16.11.2021

                                                       CORAM:

                                    THE HONOURABLE MR.JUSTICE S.S.SUNDAR

                                                   AS.No.313/2018

                                                [Video Conferencing]

                    1.K.Mani
                    2.M.Palaniammal                                              .. Appellants
                                                          Vs.

                    G.Sivaneswaran                                               .. Respondent

                    Prayer:- Appeal Suit filed under Section 96 CPC read with Order XLI Rule
                    1 CPC against the Decree and judgment passed in O.S.No.2/2015 dated
                    28.02.2017 on the file of the Learned III Additional District Judge, Vellore
                    at Tirupattur.

                                      For Appellants        : No Appearance
                                      For Respondent        : Mrs.A.L.Gandhimathi
                                                       JUDGMENT

(1) The Appeal is against the decree passed in the money suit.

(2) This Court is able to see that when the matter was posted earlier before

the Division Bench on 06.07.2019, the Division Bench has directed the

Registry to post the Appeal under the caption “For Dismissal”, as there

was no representation for the appellants.

AS.No.313/2018

(3) On a different occasion, when the matter appeared before a learned

Single Judge of this Court on 10.12.2019, for want of appearance on

behalf of the appellants, there was a direction to post the matter under

the caption “For Dismissal”. Again there was no representation for the

appellants before another learned Judge.

(4) When the Appeal is posted today before this Court for final hearing,

there is no representation for the appellants.

(5) This Court is unable to give further time as the learned counsel for the

appellants has not shown any interest in prosecuting this Appeal and

further adjournment will not be in the interest of justice.

(6) This Court is inclined to dismiss the Appeal Suit for non prosecution

and accordingly, the same is dismissed for non prosecution. No costs.

16.11.2021 cda Internet : Yes To

1.The III Additional District Judge, Vellore, Tirupattur.

2.The Section Officer, VR Section, High Court, Chennai.

AS.No.313/2018

S.S.SUNDAR, J.,

cda

AS.No.313/2018

16.11.2021

https://www.mhc.tn.gov.in/judis 3