The Madurai Bench of the Madras High Court dismissed an appeal suit filed under Section 96 of the CPC for non-prosecution, due to the appellant counsel's failure to argue the matter despite specific conditional orders.
The Appeal Suit is dismissed for non-proseculation. No costs.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
A.S.(MD) No.150 of 2010 and
M.P(MD) Nos.1 and 2 of 2010
Shakunthala Devi
... Appellant
Vs.
1.P.Saroja
2.P.Arunpandiyan
3.P.Nithiya
4.P.Suganya
5.M.Chellapandy
6.Minor C.Jegan
(Minor represented by his father and next friend Mr.M.Chellapandy) ... Respondents
PRAYER: Appeal Suit filed under Section 96 of the Code of Civil Procedure, to set aside the judgment and decree made in O.S.No.115 of 2007 on the file of the Additional District Judge, Fast Track Court No.1, Madurai, dated 30.01.2010.
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For Appellant : Mr.K.K.Senthil For Respondents : No appearance
**JUDGMENT **************
When the matter came up for hearing on 10.06.2021, the learned
counsel appearing for the appellant requested to adjourn the matter and on his request, the matter was adjourned to 17.06.2022. On that day also, the learned counsel for the appellant requested time to argue the matter. Hence, this Court adjourned the matter today (29.06.2022) on condition
that no further time will be given and if the learned counsel for the appellant fails to argue the matter on that day, the appeal shall stand dismissed for default, without any further reference to this Court.
is not ready to argue the matter, despite the conditional order passed by this Court on 17.06.2022. Therefore, the Appeal Suit is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petitions are closed.
29.06.2022
Index:Yes Internet:Yes
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To
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P.VELMURUGAN,J.
cp
A.S.(MD) No.150 of 2010 and M.P(MD) Nos.1 and 2 of 2010
29.06.2022
Shakunthala Devi
P.Saroja
P.Arunpandiyan
P.Nithiya
P.Suganya
M.Chellapandy
P VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
