K.Baskaran vs S.Packialakshmi
2023 Latest Caselaw 8987 Mad

                                                                        OSA.Nos.109 and 210 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 25.07.2023

                                                     CORAM

                              THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                       and
                                   THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

                                     OSA.Nos.109 and 210 of 2017
                                                 and
                   CMP.Nos.7498 of 2017, 10213 of 2018, 703 of 2013 and 14322 of 2017


                OSA.Nos.109 of 2017

                K.Baskaran                                                        ...Appellant


                                                       Vs.

                1. S.Packialakshmi
                2. R.Bhavani                                                   ...Respondents



                          Prayer: Original Side Appeal filed under Order 36 Rule 1 of Original
                Side Rules r/w Clause 15 of the Letters Patent, against the judgment and
                decree made in Tr.C.S.No.465 of 2014, dated 09.01.2017 on the file of this
                Court.


                                   For Appellant        : Mr.C.B.Muralikrishnan
                                   For Respondents
                                    for R1              : Mr.T.M.Hariharan
                                                              for Mr.S.Sathish Rajan
                                    for R2              : No Appearance
https://www.mhc.tn.gov.in/judis
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                                                                        OSA.Nos.109 and 210 of 2017




                OSA.Nos.210 of 2017

                K.Baskaran                                                        ...Appellant

                                                       Vs.

                1. R.Bhavani
                2. S.Packialakshmi                                             ...Respondents
                 [R2 impleaded as per the order of this Court
                  dated 02.01.2023 made in CMP.No.9703/2021
                   in OSA.No.210/2017]



                          Prayer: Original Side Appeal filed under Order 36 Rule 1 of Original
                Side Rules r/w Clause 15 of the Letters Patent, against the judgment and
                decree made in TOS.No.8 of 2011, dated 09.01.2017 on the file of this
                Court.


                                  For Appellant         : Mr.C.B.Muralikrishnan
                                  For Respondents
                                   for R1               : No Appearance
                                   for R2               : Mr.T.M.Hariharan
                                                              for Mr.S.Sathish Rajan


                                         COMMON JUDGMENT

                             [Judgment of the Court was delivered R.SUBRAMANIAN, J]


                          We find from the earlier orders passed by this Court that this

                matter has been repeatedly adjourned and the Bench on 08.12.2022

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                                                                      OSA.Nos.109 and 210 of 2017


                after noting that the matter had been adjourned for 13 occasions,

                posted under the caption for orders on 14.12.2022. Even thereafter,

                adjournments have been taken without any shame.


                          2. Today, the learned counsel appearing for the appellant says

                that he has returned the papers. We are therefore sure that the

                appellant is not interested in prosecuting the matter. The learned

                Counsel for the appellant shows no bona fide for the claim now made.

                Hence, the appeals are dismissed for non-prosecution. No costs.

                Consequently, connected miscellaneous petitions are closed.



                          3. The present counsel for the appellant shall notify the

                appellant regarding the dismissal of these appeals.

                                                                 (R.S.M.J.) (R.K.M.J.)
                                                                          25.07.2023
                Index       :        No
                Speaking order:      Yes
                pvs

                To
                The Section Officer,
                  VR Section High Court, Madras.



https://www.mhc.tn.gov.in/judis
                Page No.3/4
                                          OSA.Nos.109 and 210 of 2017

                                         R.SUBRAMANIAN, J.

and R.KALAIMATHI, J.

pvs

OSA.Nos.109 and 210 of 2017

25.07.2023

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