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2026 Supreme(Online)(Mad) 24960
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Kumaresh Babu, J
S.Lakshmi – Appellant
Versus
Andavarselvam – Respondent
Appeal Suit|O.S.No.22/1997
For the Appellants/Petitioners: No appearance
For the Respondents: No appearance
Failure to appear for hearings resulted in dismissal for non-prosecution, emphasizing the importance of diligence in legal proceedings.
Headnote:The appeal filed under Section 96 of the Code of Civil Procedure concerns an O.S. arising from a judgment and decree dated 26.03.2002. Despite multiple hearings, the appellants failed to appear, leading the court to conclude they were disinterested in pursuing the matter. The court subsequently dismissed the appeal for non-prosecution.
| Table of Content |
|---|
| 1. appellant's failure to appear. (Para 1) |
| 2. court's observation on repeated absence. (Para 2) |
| 3. appeal dismissed for non-prosecution. (Para 3) |
JUDGMENT
When the matter was taken up for hearing on 09.03.2026, there was no representation on the side of the appellants, either in person or through the learned counsel. Hence, this Court directed the matter to be listed on
23.03.2026.
2. Again, when the matter was taken up for hearing on 23.03.2026, there was no representation on the side of the appellants. In order to grant one more opportunity, this Court directed the Registry to list the matter on 24.03.2026 (today) under the caption “For Dismissal”.
3. Even today, when the matter was taken up, there is no representation on the side of the appellants. Hence, it is evident that the appellants are not interested in prosecuting the appeal. Accordingly, this appeal suit stands dismissed for non-prosecution. No costs.
