JUSTICE M.DURAISWAMY AND THE HON’BLE MRS.JUSTICE T.V.THAMILSELVI O.S.A.Nos.402 & 403 of 2018 and C.M.P.Nos.3053, 4688, 4693 & 3051 of 2021. The conduct of the appellant would establish that he is not interested in prosecuting the appeals and that his aim is only to drag on the matter and keep the appeals pending. 4.Accordingly, the Original Side Appeals are dismissed for nonprosecutio

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.04.2022
CORAM :
THE HON’BLE MR. JUSTICE M.DURAISWAMY AND THE HON’BLE MRS.JUSTICE T.V.THAMILSELVI
O.S.A.Nos.402 & 403 of 2018 and C.M.P.Nos.3053, 4688, 4693 & 3051 of 2021
S.Mukanchand Bothra (Died)
2. M.Karishma Bothra
3. M.Gagan Bothra
4. M.Sandeep Bothra) .. Appellants in both OSAs
(Appellants 2 to 4 brought on record as the LRs of the deceased sole appellant viz., S.Mukan Chand Bothra vide order dated 17.04.2021 made in
C.M.P.Nos.3054 & 4698 of 2021 in O.S.A.Nos.402 & 403 of 2018) Vs.
1.Shivaji Rao Gaikwad @ Rajnikanth
2.R.Krishnamurthy @ Kasthuri Raja .. Respondents in O.S.A.402/2018
1.R.Krishnamurthy @ Kasthoori Raja
2.Shivaji Rao Gaikwad @ Rajnikanth .. Respondents in O.S.A.403/2018
Appeals filed under Order XXXVI Rule II of the Original Side Rules r/w Clause 15 of the Letter Patent against the fair order and decreetal order dated 24.07.2018 made in A.Nos.4433 & 4747 of 2015 in C.S.No.400 of 2015.
Appellant : Mr.M.Gagan Bothra – no appearance (in both O.S.As)
For Respondents : Mr.D.Ravichander (R1)
(in both O.S.As) Mr.S.Haja Mohideen Gisthi (R2)
C O M M O N J U D G M E N T
(JUDGMENT WAS MADE BY M.DURAISWAMY, J.)
When the matter was listed for hearing on 31.03.2022, the appellant, appearing in person was not present, hence, the matter was adjourned to 25.04.2022. On 25.04.2022, there was no representation for the appellant, hence, the Registry was directed to list the matter under the caption “for dismissal” on 28.04.2022. When the matter was listed under the caption “for dismissal” today, Mr.M.Gagan Bothra, appellant, appearing in person, made a mention at 10:30 a.m. seeking for adjournment. However, this Bench declined to grant adjournment on the ground that the matter has been listed under the caption “for dismissal”. This Bench also directed the appellant, appearing in person, to be present before this Court when the matter is called.
2.Inspite of the said direction, when the matter was called, the appellant appearing in person was not present, hence, this Court has no other option except to dismiss the appeals for non-prosecution.
3.Before dismissing the appeals for non-prosecution, we also record that the appellant, appearing in person, did not appear before this Court even on 18.06.2021, 08.02.2022 and 10.02.2022. The conduct of the appellant would establish that he is not interested in prosecuting the appeals and that his aim is only to drag on the matter and keep the appeals pending.
4.Accordingly, the Original Side Appeals are dismissed for nonprosecution. No costs. Consequently, the connected miscellaneous petitions are closed.
Index : Yes/No [M.D., J.] [T.V.T.S., J.]
va 28.04.2022
M.DURAISWAMY, J.
and
T.V.THAMILSELVI, J.
va
O.S.A.Nos.402 & 403 of 2018
and C.M.P.Nos.3053, 4688, 4693 & 3051 of 2021
28.04.2022