The Madras Puruasawalkam Hindu ... vs V.Premavathi
2023 Latest Caselaw 2897 Mad

                                                                                     S.A.No.1051 of 2005

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 20..03..2023

                                                       Coram

                              THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN

                                          Second Appeal No.1051 of 2005

                The Madras Puruasawalkam Hindu Janopakara
                  Saswath Nidhi,
                Rep. by its Secretary,
                No.168, Vellala Street,
                Purusawalkam, Chennai 600084.

                                                  ..... Appellant / 2nd Respondent / 2nd Defendant

                                            -Versus-

                1.V.Premavathi
                                                         ..... 1st Respondents / Appellant / Plaintiff
                2.K.Rajeswari
                                               ..... 2nd Respondent / 1st Respondent / 1st Defendant


                          Appeal filed under Section 100 of C.P.C. against the judgment and
                decree dated 12.03.2004 in A.S.No.113 of 2022 on the file of the III Additional
                Judge, City Civil Court, Chennai, setting aside the judgement and decree dated
                04.01.2022 in O.S.No.7645 of 1995 on the file of the learned XV Assistant
                Judge, City Civil Court, Chennai.




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                                                                                   S.A.No.1051 of 2005


                                  For Appellant           : Mr.P. Goklaney
                                                            for M/s.Menon     &    Goklaney
                                                            Associates
                                  For Respondents         : No Appearance for R1
                                                            Second Appeal dismissed as
                                                            against R2 vide order dated
                                                            15.12.2022

                                                  JUDGEMENT

This Second Appeal was listed on 15.03.2023. There was no

representation on that date on behalf of the respondent. Therefore, this matter

was directed to be called on 16.03.2022. On that date, it was presented by

Mr.P.Goklaney, learned counsel that the bundles had been handed over to

Mr.Ashok Menon. Therefore, Mr.Ashok Menon was informed to get

instructions and get ahead with the appeal and it was directed to be posted

today.

2. Today, Mr.Ashok Menon has filed a memo stating that bundles had

been returned to the party and he is not in a position to get ahead with the

appeal. The memo filed on behalf of the appellant by the learned counsel for

Appellant reads as follows:-

MEMO FILED ON BEHALF OF THE APPELLANT On behalf of the Appellant, it is humbly submitted as follows:

1. The counsel for the Appellant in the above

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case is M/s.Menon & Goklaney Associates having its office at No.321, (Old No.15), Linghi Chetty Street, Chennai 600001.

2. After the firm M/s.Menon & Goklaney Associates was dissolved in 2007, the case was retained by one of the erstwhile partners of Mr.Prakash Goklaney, Advocate.

3. It is informed by Mr.Prakash Gokalaney, Advocate that he has handed over the case bundle to the client long ago.”

3. Recording the memo, this Second Appeal is dismissed for default.

                                                                                     20..03..2023
                Index            : yes / no
                Neutral Citation : yes / no
                Speaking / Non Speaking Order
                kmk

1.The III Additional Judge, City Civil Court, Chennai

2.The XV Assistant Judge, City Civil Court, Chennai.

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V.LAKSHMINARAYANAN, J.

kmk

S.A.No.1051 of 2005

20..03..2023

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