V.Vr.Vr.Ramanathan Chettiar ... vs M/S.Anbu Estates
2022 Latest Caselaw 5966 Mad

                                                                           AS.No.186 of 1995


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             Dated : 23.03.2022

                                                    CORAM

                                  THE HONOURABLE MRS.JUSTICE R.THARANI

                                            A.S.No.186 of 1995


                     V.VR.VR.Ramanathan Chettiar (Died)

                     2.CT.Umayal
                     3.RM.Sundaram
                     4.RM.Manikam
                     5.Sivakami
                     6.Ramanathan
                     7.Valliammai
                     8.VR.Subramanian
                     9.VR.Visalakshi

                     (Appellants 2 to 9 are brought on record
                     as legal representatives of the deceased
                     sole appellant vide Court order dated
                     10.02.2022)                                  ... Appellants


                                                     Vs

                     1.M/s.Anbu Estates,
                     represented by its Partner
                     Janab Babuji Mubarak Ali

                           M.Noor Mohammed (died)

                     (Partner name has been recorded in the
                     place of deceased partner vide Court order
                     dated 13.09.--)

                     2.Aiysa Beevi
                     3.Mohammed Beevi


                     1/4

https://www.mhc.tn.gov.in/judis
                                                                                   AS.No.186 of 1995


                     4.Sabeena Parveen
                     5.Mohamed Ibrahim

                     (Respondents 2 to 5 brought on record
                     as legal representatives of the deceased
                     sole respondent as per Court order)                   ... Respondents


                     PRAYER :-

                                  This Appeal suit is filed under Section 96 of the Code of Civil
                     Procedure read with Order 41 Rule 1 of the Civil Procedure Code
                     against the judgment and decree dated 30.08.1994 in O.S.No.45 of
                     1989 of the learned Subordinate Judge, Thanjavur.


                                       For Appellant     : No appearance

                                       For R3            : Mr. K.Sridar



                                                       JUDGMENT

This appeal is pending from the year 1995. The suit was of

the year 1989. From 2008 onwards, the case was listed and on

those hearing dates, there was no representation on the side of the

appellant on 13.10.2008, 22.10.2008, 05.11.2008, 18.11.2008,

26.11.2008 and 27.11.2008, the case was adjourned on the request

of the learned counsel for the appellant. On 27.11.2008, it was

reported that the appellant is dead. After taking steps, the case

was adjourned to 12.01.2009, 20.01.2009, 27.01.2009, 13.02.2009,

https://www.mhc.tn.gov.in/judis AS.No.186 of 1995

19.02.2009, 05.03.2009, 11.03.2009 and on those dates, there was

no representation on the side of the appellant. The case was listed

before me on 10.02.2022, 16.02.2022, 01.03.2022 on 11.03.2022

and on these hearing dates, the appellant was not ready for

arguments. On 11.03.2022, the case was adjourned to 23.03.2022

under the caption 'for arguments or for orders'.

2.Today, the matter was listed under the caption 'for

arguments or for orders'. But the appellant is not ready for

arguments today also. There is no use in keeping the appeal

pending any further.

3.Hence this Appeal Suit is dismissed for default. No costs.

(R T J) 23.03.2022 Index : Yes / No Internet : Yes / No

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

https://www.mhc.tn.gov.in/judis AS.No.186 of 1995

R.THARANI, J.

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To

1.The Subordinate Judge, Thanjavur.

2.The Record Clerk, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

A.S.No.186 of 1995

23.03.2022

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