T.Sivashankaran vs Kamatchiammal
2022 Latest Caselaw 17408 Mad

                                                                                   Appeal Suit No.326 of 2010

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED :08.11.2022

                                                               CORAM :

                       THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                                   Appeal Suit No.326 of 2010

                     T.Sivashankaran                                                ... Appellant

                                                               Versus

                     1.Kamatchiammal
                     2.Komala
                     3.T.Rajendran
                     4.Mrs.Nirmala                                                  ... Respondents

                                  Appeal Suit is filed under Section 96 and Order XLI (a) of the Code
                     of Civil Procedure, to set aside the Judgment and Decree dated 10.11.2006,
                     passed in O.S.No.751 of 2004, on the file of the Additional District Judge
                     (Fast Track Court – III), Poonamallee.


                                        For Appellant      :      No Appearance

                                        For Respondents :         Mr.V.R.Appaswamee, (for R1 &R2)
                                                        :         Mr.P.Chandrasekar, (for R3)
                                                        :         Mr. Srinath Sridevan, (for R4)

                                                          JUDGMENT

It is seen from the records that when this Appeal Suit was listed for

hearing on 14.07.2021, the learned Counsel for the appellant had reported

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Appeal Suit No.326 of 2010

no instructions and thereafter, the Registry was directed to serve notice to

the appellant, and the Registry was also directed to print the name of the

appellant in the cause list and the matter was directed to be listed after four

weeks.

2.Even though more than one year has elapsed since the said order,

no other learned Counsel entered appearance on behalf of the appellant.

The name of the appellant has also been printed in the cause list.

3.It is also brought to the notice of this Court by the learned Counsel

for the respondent that the connected Appeal Suit in A.S.No.146 of 2007,

filed by the first defendant/T.Rajendren was already dismissed for non-

prosecution by order dated 29.08.2016.

4.Even today, there is no representation on behalf of the appellant.

Therefore, the Appeal Suit is dismissed for non-prosecution. No costs.

08.11.2022 Index : Yes/No Speaking /Non-Speaking order

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

Appeal Suit No.326 of 2010

To

1.The Additional District Judge (Fast Track Court – III), Poonamallee.

2.The Section Officer, V.R. Section, High Court of Madras.

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Appeal Suit No.326 of 2010

D.BHARATHA CHAKRAVARTHY, J.

klt

A.S.No.326 of 2010

08.11.2022

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