Dr.V. Sivakumar vs Mr.K.Ganesan
2022 Latest Caselaw 6292 Mad

                                                                                   A.S.No.99 of 2014

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      Date : 28.03.2022

                                                          CORAM:
                                  THE HONOURABLE TMT. JUSTICE S. KANNAMMAL

                                                      A.S.No.99 of 2014

                     Dr.V. Sivakumar                              ... Appellant/ 3rd Defendant

                                                            Vs.

                     Mrs. G. Ambujam (deceased)                   ...Plaintiff
                     1. Mr.K.Ganesan
                     2. Mr.G.Manivasagam                          ...Respondents/Plaintiff 2&3
                     3. Mrs.V.Karuanidhi
                     4. V. Jeevan
                     5. Mrs.Indira
                     6. Mrs.Anusuya
                     7. Mrs.Saradha
                     8. Ms.Sundaravalli
                     9. Mathiyavarnam
                     10.Mrs.Manimegalai
                     11.Mr.G.Selvaraj
                     12.Mr.T.ANeelakandan
                     13.Mr.Vijay Nivas
                     14.Aravind Nivas                             ... Respondents / Defendants

                     PRAYER: Appeal Suit is filed under Section 96 of the Civil Procedure
                     Code to set aside the Judgment and Decree dated 06.08.2013 passed in
                     O.S.No.6 of 2009 by the learned District and Sessions Judge, Thiruvarur.


                                      For Appellant            : No appearance
                                      For Respondents          : M/s.T.Sathya Moorthy
https://www.mhc.tn.gov.in/judis
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                                                                                     A.S.No.99 of 2014



                                                       JUDGMENT

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

Decree of the learned District and Sessions Judge, Thiruvarur. made in

O.S.No.6 of 2009 dated 06.08.2013.

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

representation on behalf of the Appellant. In the earlier occasions also,

there was no representation for the Appellant. Learned counsel for

Respondent-8 present. In the previous hearing i.e., on 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. 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, the 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

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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

Copy to:

The District and Sessions Judge, Thiruvarur.

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S. KANNAMMAL, J.

ggs

Judgment in A.S.No.99 of 2014

28.03.2022

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