A miscellaneous petition filed in a pending second appeal was listed for dismissal after the petitioners failed to appear on two consecutive dates despite notice. With no representation on either date, the court inferred lack of interest in prosecution and dismissed the petition for non-prosecution.
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CMP.No.13566 of 2024 in S.A.SR.No.30909 of 2023
CMP.No.13566 of 2024 in S.A.SR.No.30909 of 2023
N.MALA,J.
Mr.S.Elaiyaraja, learned counsel for the third respondent present.
2.When the matter was posted on 26.07.2024, there was no representation on the side of the petitioners/appellants. Therefore, the matter is listed under the caption for dismissal. Even today, there is no representation on the side of the petitioners/appellants. Therefore, it can now be inferred that the petitioners/appellants are not interested in prosecuting the CMP.No.13566 of 2024.
3.Accordingly, the CMP.No.13566 of 2024 is dismissed for non-prosecution.
29.07.2024
ah
1/1
1 issue framed by the court
Whether the CMP should be dismissed for the appellants' repeated non-representation and failure to prosecute.
Petitioners/Appellants
Third Respondent
N. Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
