B.Ananthakrishnan @ Ramani vs B.Jayaraman (Deceased)
2023 Latest Caselaw 2890 Mad

                                                                                 AS.No.488 of 2008


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 20.03.2023

                                                        CORAM:

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

                                                   A.S.No.488 of 2008
                                                          and
                                                    MP.No.2 of 2007

                  B.Ananthakrishnan @ Ramani
                                                                            ... Appellant/Plaintiff
                                                          -Vs-
                  1.B.Jayaraman (deceased)
                  2. Geetha Jayaraman
                  3. P.Kunjammal
                  4. R.Vasantha
                  5. V.Rama
                  6. K.Banu
                  7. J.Balaji Srinivasan
                  8. J.Ramagopalan
                     (R7 & R8 brought on record as LRs of the deceased R1
                     vide order dated 12.4.2010 made in MP 2/10 in AS 488/08)
                                                                                ... Respondents


                  PRAYER: First Appeal filed under Section 96 of the Code of Civil

                  Procedure, praying to set aside the Judgment and decree of the First Additional

                  District Court at Coimbatore dated 28.04.2006 made in O.S.No.313 of 2005.

                                   For Appellant     : Mr.G.Harikrishna


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https://www.mhc.tn.gov.in/judis
                                                                                     AS.No.488 of 2008


                                                       for Mr.G.RM.Palaniappan

                                  For Respondents : Mr.Mukunth
                                                    for M/s.Sarvabhauman Associates
                                                    for R2, 7 & 8
                                                    R1 - died
                                                    R3 to R6 – Not ready in notice
                                                       *****

                                                  JUDGMENT

[Judgment of the Court was delivered by S.S.SUNDAR, J] The appeal suit has been filed against the judgment and decree dated

28.04.2006 passed in O.S.No.313 of 2005 on the file of the First Additional

District Court at Coimbatore.

2. It is seen from the records that M/s.Sarvabhauman Associates have

filed vakalat for R2, 7 & 8. The appeal is given up as against R3 to R6. First

respondent is no more and the respondents 7 & 8 were brought on record as

legal heirs of deceased 1st respondent. We find that respondents 3, 5 & 6 are

represented by the Power of Attorney agent viz., 4th respondent. It is seen that

II Batta is due to 4th respondent and therefore, notice is not yet served on the 4 th

respondent, who is contesting the appeal on behalf of respondents 3, 5 & 6. In

such circumstances, the learned counsel appearing for the appellant states that

he has given change of vakalat.

3. Since the appeal is preferred in the year 2008 and no steps have been

https://www.mhc.tn.gov.in/judis AS.No.488 of 2008

taken to serve on the 4th respondent, who is also supposed to defend the

respondents 3, 5 & 6, this Court finds no valid reason to adjourn this matter

any more. The learned counsel appearing for the appellant states that he has

handed over the papers to the parties. No one has filed vakalat sofar. In these

circumstances, this Court finds that keeping this matter pending will not yield

any result. The appellant is not interested in prosecuting the Appeal with

diligence and hence, it is not desirable to adjourn this matter any further.

Since no steps have been taken to serve notice on the contesting 4 th respondent

and the counsel reports that the appellant has taken papers, this appeal suit is

dismissed for non prosecution. No costs. Consequently, connected

Miscellaneous Petition is also closed.

                                                                    [S.S.S.R, J]    [P.B.B., J]
                                                                            20.03.2023
                                                                              (2/2)
                  kmi

                  Index : Yes/No

Speaking Order/Non-Speaking Order To The First Additional District Court, Coimbatore.

https://www.mhc.tn.gov.in/judis AS.No.488 of 2008

S.S.SUNDAR, J and P.B.BALAJI, J

kmi

A.S.No.488 of 2008 and MP.No.2 of 2008

20.03.2023 (2/2)

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