The Madurai Bench of the Madras High Court dismissed an appeal suit for non-prosecution as the appellant failed to appear despite listing it for dismissal following the withdrawal of original counsel.
Disposal of the appeal suit by dismissal for non-prosecution.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND
THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN
A.S(MD)No.165 of 2015 and M.P(MD)No.1 of 2015
Rajaish Samuel Lazarus represented by his power agent Padmini Lazarus.
... Appellant/Plaintiff
.Vs.
Thangaiah Lazarus(died) D.M.Lazarus(deceased)
1.Mohan Lazarus @ Moses 2.C.Stanley Manoharan 3.C.Martin Prabhakaran 4.R.Nandakumar ... Respondents/Defendants
PRAYER: Appeal Suit filed under Section 41 Rule 1(A) r/w Section 96 of the Civil Procedure Code against the judgment and decree made in O.S.No.38 of
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2012, dated 11.2.2015, on the file of Principal District Court, Madurai.
For Appellant : Mr.Rajaish Samuel Lazarus Appellant-in-person For Respondent-1 :Dismissed for default vide order dated 21.01.2019 For Respondent-2 :Mr.S.Anand Chandrasekar for M/s.Sarvabhauman Associates For Respondent-3 :Mr.R.Subramanian
JUDGMENT
( Order of the Court was made by P.VELMURUGAN,J)
When the matter is taken up for hearing today, there is no representation on behalf of the appellant, who apeared in person. In the previous hearing date, the learned counsel for the appellant filed a memo stating that the appellant had took away the bundle from him along with signature obtained in No Objection letter for engaging a new counsel and for filing fresh vakalath on behalf of him. Hence, the learned counsel for the appellant on record withdrew his appearance. Therefore, Registry is directed to print the name of the appellant in the cause-list and to list the matter under the caption ‘’for dismissal’’ on 12.08.2024.
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2.Today the matter has been listed under the caption ‘’for dismissal’’ by printing the name of the appellant in the cause-list. Despite the same, none appeared on behalf of the appellant either in person or through counsel. Therefore, this Court has no other option except to dismiss the appeal suit for non-prosecution.
3.In view of the same, the Appeal Suit is dismissed for non-prosecution. No costs. Consequently, connected Miscellaneous Petition is closed.
[P.V.,J.] [K.K.R.K.,J.] 12.08.2024
NCS : Yes/No
Index : Yes / No
Internet : Yes / No
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To
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P.VELMURUGAN, J. and K.K.RAMAKRISHNAN,J.
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JUDGMENT MADE IN
A.S(MD)No.165 of 2015 and M.P(MD)No.1 of 2015
12.08.2024
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Rajaish Samuel Lazarus
Thangaiah Lazarus/D.M. Lazarus/Mohan Lazarus/C.Stanley Manoharan/C.Martin Prabhakaran/R.Nandakumar
P. Velmurugan
K. K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
