Mrs.Chandra [Died vs Kamala
2023 Latest Caselaw 411 Mad

                                                                                   AS.No.132/2013




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 06.01.2023

                                                    CORAM:

                                    THE HONOURABLE MR.JUSTICE S.S.SUNDAR

                                                      AND

                                  THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN

                                          AS.No.132/2013 & MP.No.1/2013

                    1.Mrs.Chandra [Died]
                    2.Dillibabu
                    3.Murugan
                    4.Muthu Mari                                                  .. Appellants /
                                                                                     Defendants
                    **1st appellant died and appellants
                      2 to 4 are LRs of the deceased
                      1st appellant as per the Memo
                      dated 14.11.2022 vide order dated
                       24.11.2022 made in AS.No.132/2013

                                                       Vs.

                    Kamala                                                        .. Respondent /
                                                                                       Plaintiff

                    Prayer:- Appeal Suit filed under Section 96 of CPC against the judgment
                    and decree in OS.No.160/2009 on the file of the learned 2nd Additional
                    District Judge, Tiruvallur at Poonamallee dated 19.12.2012.



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                                                                                       AS.No.132/2013




                                          For Appellants           :   Mr.J.Prakasam for
                                                                       Mr.G.Ezhilarasan

                                          For Respondents          :   Mr. G.Dhilipkumar


                                                           JUDGMENT

[Judgment of the Court was delivered by S.S.SUNDAR, J.,]

(1) Despite this Appeal being posted on number of occasions before

this Court for one reason or the other, the learned counsel for the

appellants is asking for adjournment repeatedly. This Court, after

noticing that there was no representation earlier on 15.12.2022,

directed the Registry to post the matter under the caption ''for

dismissal'' on 16.12.2022. Again, on 16.12.2022, there was a

request for an adjournment and the case was directed to be posted

on 22.12.2022 under the same caption and thereafter, the matter

was again directed to be listed today under the caption ''for

dismissal''.

(2) Though the Appeal is posted under the caption ''for dismissal''

today, the learned counsel for the appellants seeks further

AS.No.132/2013

adjournment.

(3) This Court is not inclined to grant any further adjournment having

regard to the conduct of the learned counsel for the appellants.

This Court is unable to accommodate by granting one more

adjournment.

(4) Hence, the appeal suit stands dismissed for non prosecution. No

costs. Consequently, connected miscellaneous petition is closed.

                                                                                [SSSRJ]     [AANJ]
                                                                                     06.01.2023
                    AP
                    Internet : Yes


                    To

1.The 2nd Additional District Judge, Tiruvallur at Poonamallee.

2.The Section Officer VR Section, High Court Chennai.

AS.No.132/2013

https://www.mhc.tn.gov.in/judis 4 AS.No.132/2013

S.S.SUNDAR, J., AND A.A.NAKKIRAN, J.,

AP

AS.No.132/2013

06.01.2023

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