Suseela vs P. Nachimuthu
2022 Latest Caselaw 5825 Mad

                                                                               A.S.No.530 of 2013

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     Date : 22.03.2022

                                                         CORAM:
                                  THE HONOURABLE TMT. JUSTICE S. KANNAMMAL

                                                    A.S.No.530 of 2013

                     1. Suseela
                     2. Minor Atchaya (aged 1 ½ years)
                        Rep.by her next frient and mother J. Suseela ... Appellants/ Plaintiffs

                                                            Vs.

                     1. P. Nachimuthu
                     2. Mrs.Dhanalakshmi
                     3. N. Murugavel
                     4. N. Thangavel
                     5. N. Shanmugasundaram @ Gnanavel
                     6. N. Panneer Selvam                          ... Respondents / Defendants

                     PRAYER: Appeal Suit is filed under Section 96 of the Civil Procedure
                     Code to set aside the Judgment and Decree dated 18.03.2013 in
                     O.S.No.12 of 2010 on the file of the learned First Additional District
                     Judge, Coimbatore.
                                For Appellants          : No appearance
                                       For Respondents        : M/s. H. Rajasekar
                                                     JUDGMENT

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

Decree of the learned First Additional District Judge, Coimbatore, made

in O.S.No.12 of 2010 dated 18.03.2013.

https://www.mhc.tn.gov.in/judis Page 1 / 3 A.S.No.530 of 2013

2. Today when the matter came up for hearing no representation for

the Appellant. For the past two hearing i.e., on 25.02.2022 and

09.03.2022 also there was no representation on behalf of the appellant

and hence the matter was ordered to be listed today under the caption

“For Dismissal.”

3. Today also there was no representation for the Appellants.

Inspite of repeated adjournments, neither the Appellant nor his counsel

have shown interest to conduct the appeal suit.

4. In such a view of the matter, keeping pending of the Appeal Suit

without any progress will not serve any purpose. Since the appellants

have not shown any interest to proceed the case for the past 9 years the

appeal suit is liable to be dismissed. Accordingly, the Appeal Suit is

dismissed for non-prosecution. No costs.

                                                                                         22.03.2022

                     ggs

                     Index      :Yes/No
                     Internet   :Yes/No

Speaking/Non-speaking order

S. KANNAMMAL, J.

https://www.mhc.tn.gov.in/judis Page 2 / 3 A.S.No.530 of 2013

ggs

Copy to:

The First Additional District Judge, Coimbatore.

Judgment in A.S.No.530 of 2015

22.03.2022

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