The High Court of Madras dismissed an original side appeal filed under Order XXXVI, Rule 1 CPC and Letters Patent Appeal for non-prosecution due to the appellant's absence at multiple hearings without representation.
Appeal dismissed for non-prosecution; costs denied; connected miscellaneous petitions closed.
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O.S.A. No.90 of 2018
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2024
CORAM:
THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
O.S.A.No.90 of 2018 and
C.M.P.Nos.5571 & 5572 of 2018
Sri Venkatachala Flat Owners Association, represented by its Secretary Harish Mahbubani, No.27, Sir Thyagaraya Road, T.Nagar, Chennai – 600 017.
... Appellant
Vs.
1.C.Surendra Kumar
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14.Govindammal
15.R.Bhaskar Rao
16.N.Ravichandran
17.S.Venkatasubramaniyan
18.Lalitha Prasad
19.R.Sathisan
20.M.Srinivasaprasad
21.M/s.Raviram Builders, represented by A.Meenakshi, having Office at No.3, Mangesh Street, T.Nagar, Chennai – 600 017. ... Respondents
Prayer : Original Side Appeal filed under Order XXXVI Rule 1 of the Original Side Rules read with Clause 15 of the Letters Patent, to set aside the judgment and decree dated 13.12.2017 passed in O.A.No.684 of 2017 in C.S.no.534 of 2017 and consequently allow O.A.No.684 of 2017 in C.S.no.534 of 2017.
For Appellant : No appearance
J U D G M E N T
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
There has been no appearance for the learned counsel for the appellant consistently for more than two hearings. When the appeal was listed before the other Division Bench on 02.01.2024, 03.01.2024 and on
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23.01.2024 none appeared for the appellant. The appeal was listed before
us on 07.03.2024. Even before us there was no representation for the appellant.
2. Hence, this appeal is dismissed for non-prosecution. No costs.
Consequently, the connected miscellaneous petitions are closed.
(R.S.M., J.) (R.S.V., J.) 13.03.2024 dsa Index : No Internet : Yes Neutral Citation : No
Non-Speaking order
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O.S.A. No.90 of 2018 R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
dsa
O.S.A.No.90 of 2018
13.03.2024
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Sri Venkatachala Flat Owners Association
C.Surendra Kumar
R.SUBRAMANIAN
R.SAKTHIVEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
