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2024 DIGILAW 1928 (MAD)

Rajaish Samuel Lazarus, represented by his power agent Padmini Lazarus v. Thangaiah Lazarus

2024-08-12

K.K.RAMAKRISHNAN, P.VELMURUGAN

body2024
JUDGMENT : (P. Velmurugan, J.) : (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 2012, dated 11.2.2015, on the file of Principal District Court, Madurai.) 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. 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.