Mohamed Iqubal vs Krishnamoorthy
2023 Latest Caselaw 4484 Mad

                                                                                     A.S.No.483 of 2013

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 19.04.2023

                                                        CORAM :

                                   THE HONOURABLE MR. JUSTICE S.S. SUNDAR
                                                           AND
                                   THE HONOURABLE MR. JUSTICE P.B. BALAJI

                                                    A.S.No.483 of 2013


                     Mohamed Iqubal
                     Represented by his Power Agent
                     Abdul Latheef                                                 ... Appellant

                                                            Vs.

                     Krishnamoorthy                                                ... Respondent


                     Prayer : Appeal Suit filed under Section 96 of Code of Civil Procedure
                     against the judgment and decree dated 31.01.2013 in O.S.No.48 of 2010 on
                     the file of the District Court at Karaikal.


                                    For Appellant            :     No appearance

                                    For Respondent           :     No appearance




                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                       A.S.No.483 of 2013

                                                     JUDGMENT

(Judgment was delivered by S.S. SUNDAR, J.)

When the matter was listed on 11.10.2022, learned counsel appearing

for the appellant reported no instructions and hence, this Court directed the

Registry to issue notice to the appellants and list the matter after service of

notice, showing the name of the appellant in the cause list. It is seen that

the drafted notice sent by the Registry to the Power Agent of the appellant

returned with an endorsement “deceased”. Thereafter, when the matter was

listed on 31.03.2023, there was no representation for the appellant.

Therefore, this Court directed the Registry to list the matter on 06.04.2023

under the caption “for dismissal”. On 06.04.2023, the matter was once

again directed to be listed on 12.04.2023 under the same caption. Even

when the matter was listed on 12.04.2023, there was no representation for

the appellant and therefore, this Court directed the Registry to list the matter

on 19.04.2023.

https://www.mhc.tn.gov.in/judis A.S.No.483 of 2013

2.Even today, i.e., on 19.04.2023, though the matter is listed under the

caption “for dismissal”, there is no representation on behalf of the appellant.

Therefore, this Court has no other option except to dismiss the appeal for

non-prosecution.

3.Accordingly, the appeal stands dismissed for non-prosecution. No

costs.

(S.S.S.R., J.) (P.B.B., J.) 19.04.2023 mkn

Internet : Yes Index : Yes / No

To

1.The District Judge, Karaikal.

                     2.The Section Officer,                |      with a direction to return
                       VR Section, High Court,             |      the records to the Court below,
                       Chennai.                            |      forthwith

https://www.mhc.tn.gov.in/judis A.S.No.483 of 2013

S.S. SUNDAR, J.

and P.B. BALAJI, J.

mkn

A.S.No.483 of 2013

19.04.2023

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