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2026 Supreme(Online)(Mad) 24477
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Kumaresh Babu, J
M/s B.S. Pictures Rep By Its Proprietor Balasundaram – Appellant
Versus
S. Sriram – Respondent
Appeal Suit | O.S.No.8809 of 2010
For the Appellants/Petitioners: No appearance
For the Respondents: M/s. V.Srimathi (For R1)
Non-representation from the appellant in court leads to dismissal of the appeal for non-prosecution.
Headnote:The appeal was filed under Section 96 of the Code of Civil Procedure to challenge the judgment and decree of the Learned VII Additional Judge, City Civil Court, Madras, in O.S.No.8809 of 2010. The appellant failed to appear when summoned thrice, indicating a lack of interest in prosecuting the appeal. The court found no representation from the appellant and dismissed the appeal for non-prosecution. The final ruling stated that the appeal suit stands dismissed for non-prosecution.
| Table of Content |
|---|
| 1. lack of representation by the appellant. (Para 1) |
| 2. court observations on repeated non-representation. (Para 2 , 3) |
JUDGMENT
When the matter was taken up for hearing on 10.03.2026, there was no representation on the side of the appellant, either in person or through the learned counsel. Hence, this Court directed the matter to be listed on
17.03.2026.
2. Again, when the matter was taken up for hearing on 17.03.2026, there was no representation on the side of the appellant. In order to grant one more opportunity, this Court directed the Registry to list the matter on 23.03.2026 (today) under the caption “For Dismissal”.
3. Even today, when the matter was taken up, there is no representation on the side of the appellant. Hence, it is evident that the appellant is not interested in prosecuting the appeal. Accordingly, this appeal suit stands dismissed for non-prosecution. No costs.
