Dismissed¶19

N.Prabhu Ramakrishnan v. Murali Manohar(Decs)

Madras HC8 Aug 2025SA/602/2015

Case brief

AI extract

What is this about?

Second Appeal dismissed for non-prosecution; appellant absent on 01.08.2025 and 08.08.2025; listed under caption 'For Dismissal'; Madras High Court, single judge K. Kumaresh Babu; appeal under Section 100 CPC against O.S.No.9850 of 1989 (IIIrd Assistant Judge, City Civil Court, Chennai, 28.02.2011) confirmed in A.S.No.474 of 2011 (VIth Additional Judge, City Civil Court, Chennai, 09.12.2014); no costs; purely procedural dismissal, no substantive ruling.

What did the court decide?

The appellant was not interested in prosecuting the Second Appeal, and the Court had no other option except to dismiss the Second Appeal for non-prosecution. ¶18

N.Prabhu Ramakrishnan Vs Murali Manohar(Decs) — Madras HC (2025) — LawSathi Research

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S.A.No.602 of 2015

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.08.2025

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CORAM

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THE HONOURABLE MR.JUSTICE K. KUMARESH BABU

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S.A.No.602 of 2015

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N. Prabhu Ramakrishnan ... Appellant

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1. Murali Manohar (deceased) 2. B.Ashok Roy 3. Shoba Roy 4. B.Rajendrakumar 5. Shivanarayan (deceased) 6. Ramanarain 7. Marthandanarain (deceased) 8. Lakshminarain 9. Sankaranarian 10.Geetha 11.Manish 12.Uttam 13.Sangeetha ... Respondents

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Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree passed in O.S.No.9850 of 1989 dated 28.02.2011 on the file of the IIIrd Assistant Judge, City Civil Court at Chennai and confirmed in A.S.No.474 of 2011 dated 09.12.2014 on the file of the VIth Additional Judge, City Civil Court, Chennai.

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For Appellant : No appearance For Respondents : R1,R5 and R7 deceased R2 died

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Page 1 of 3

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https://www.mhc.tn.gov.in/judis

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S.A.No.602 of 2015

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R3, R4 & R8 to R13 Not ready in notice R6 served no appearance

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JUDGMENT

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When the matter was listed for hearing on earlier occasion i.e. on 01.08.2025, none appeared on behalf of the appellant. Hence, this Court directed the Registry to list the matter on 08.08.2025 under the caption "For Dismissal".

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Today, when the matter was taken up for hearing, there was no representation for the appellant. Thus, it is clear and evident that the appellant is not interested in prosecuting the case and this Court has no other option except to dismiss this Second Appeal for non-prosecution. Accordingly, the

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Second Appeal stands dismissed for Non-Prosecution. No costs.

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08.08.2025

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Index : Yes/No Speaking order/Non-speaking order dpq

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Page 2 of 3

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https://www.mhc.tn.gov.in/judis

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S.A.No.602 of 2015