Egambaram vs Perumal ...1St
2022 Latest Caselaw 7617 Mad

                                                                                         A.S.No.297 of 2015



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        Date : 11.04.2022

                                                           CORAM:
                                  THE HONOURABLE TMT. JUSTICE S. KANNAMMAL

                                                       A.S.No.297 of 2015

                     Egambaram                                      ... Appellant/ 1st Defendant

                                                              Vs.

                     1. Perumal                                  ...1st Respondent/ Plaintiff
                     2. Senthamizhan                             ... 2nd Respondents/2nd Defendant

                     PRAYER: Appeal Suit is filed under Section 96 of the Civil Procedure
                     Code to set aside the Judgment and Decree dated 05.02.2015 passed in
                     O.S.No.76 of 2007 by the learned III Additional District Judge at
                     Pududcherry.

                                       For Appellant             : No appearance
                                       For Respondents           : Mr. Balavijayan [for R1]
                                                                    Mr. V. Parthiban [for R2]


                                                       JUDGMENT

This Appeal Suit has been filed to set aside Judgment and Decree

dated 05.02.2015 passed in O.S.No.76 of 2007 by the learned III

Additional District Judge at Puducherry.

https://www.mhc.tn.gov.in/judis Page 1 / 4 A.S.No.297 of 2015

2. Today when the matter came up for hearing there was no

representation on behalf of the Appellant. In the earlier occasions i.e., on

14.03.2022, 11.02.2022, 05.08.2020 also, there was no representation on

behalf of the Appellant. Learned counsel for Respondents 1 and 2

present. In the previous hearing i.e., on 14.03.2022 as there was no

representation on behalf of the appellant, the matter was ordered to be

listed today under the caption “For Dismissal.”

3. On perusal of the case records it came to know that there was no

representation for the past two years i.e. from 2020. Inspite of repeated

adjournments, neither the Appellant nor his counsel have present and

shown interest to conduct the appeal.

4. In such a view of the matter, the Appeal Suit is liable to be

dismissed. Accordingly, the Appeal Suit is dismissed for non-

prosecution. No costs.

                                                                                    11.04.2022
                     ggs
                     Index      :Yes/No
                     Internet   :Yes/No

Speaking/Non-speaking order

https://www.mhc.tn.gov.in/judis Page 2 / 4 A.S.No.297 of 2015

Copy to:

III Additional District Judge, Pududcherry.

https://www.mhc.tn.gov.in/judis Page 3 / 4 A.S.No.297 of 2015

S. KANNAMMAL, J.

ggs

Judgment in A.S.No.297 of 2015

11.04.2022

https://www.mhc.tn.gov.in/judis Page 4 / 4