L.Sabjan vs Mahatoob
2022 Latest Caselaw 11234 Mad

                                                                              A.S.No.43 of 2019

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               Dated :27.06.2022
                                                   CORAM:
                                  THE HON'BLE MR. JUSTICE M.DURAISWAMY
                                                   AND
                                   THE HON'BLE MR.JUSTICE SUNDER MOHAN

                                               A.S.No.43 of 2019

                   1.L.Sabjan
                   2.Tajun                                                  ... Appellants
                                                         Vs.
                   1.Mahatoob
                   2.S.Basheer
                   3.S.Nazir
                   4.S.Ameer
                   5.Minor Shabreen Raj
                   6.Minor Samreen Taj
                   7.P.Bhanaram
                   8.P.Kunaram
                   9.P.Mangaram
                   10.P.Tilokram
                   11.The Bank of Rajasthan Limited
                      Branch Office at Door No.19, 1st Floor,
                      Sri Sai Towers, Opposite of Sub Registrar's Office,
                     M.G.Raod, Hosur Town and Post,
                     Hosur Taluk, Krishnagiri District.
                   12.K.B.Sreekala
                   13.S.Balakrishnan                                         ... Respondents
                   (Minor respondents 5 & 6 are represented by their next friend father 4th
                   defendant S.Ameer; respondents 1 to 4, 11 to 13 are set exparte in the lower
                   court, notice to them be dispensed with and no notice to them is necessary)




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                                                                                 A.S.No.43 of 2019

                             Appeal filed under Section 96 read with Order 41 Rule 1 of the Code
                   of Civil Procedure against the judgment and decree dated 29.08.2018 made
                   in O.S.No.61 of 2012 on the file of the Additional District Judge, Hosur.
                             For Appellants    : Mr.T.Dhanasekaran – no appearance
                             For Respondents : no appearance
                                                   JUDGMENT

(Judgment was delivered by M.DURAISWAMY, J.)

Consistently, there is no representation for the appellant. When the

appeal was listed for hearing on 12.04.2022, since both the learned counsels

were not present, the matter was adjourned to 14.06.2022. On 14.06.2022,

there was no representation on either side, hence, the Registry was directed

to list the matter under the caption “for dismissal” on 27.06.2022. Though

the matter was listed under the caption “for dismissal”, today also, none

appeared on either side. Hence, this Court has no other option except to

dismiss the appeal for non-prosecution. Accordingly, the First Appeal is

dismissed for non-prosecution. No costs.

                   Index          : Yes/No                        [M.D.,J.]    [S.M.,J.]
                   va                                                  27.06.2022



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https://www.mhc.tn.gov.in/judis A.S.No.43 of 2019

To

1.The Additional District Judge, Hosur.

Page 3/4 https://www.mhc.tn.gov.in/judis A.S.No.43 of 2019

M.DURAISWAMY, J.

and SUNDER MOHAN, J.

va

A.S.No.43 of 2019

27.06.2022

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