(Judgment of the Court was delivered by R.SUBBIAH,J.,)
When the matter was taken up for hearing on 24.07.2017, there was no representation for the petitioner and hence the matter was directed to be listed under the caption “For Dismissal” on 27.07.2017. On 27.07.2017, when he matter was taken up for hearing, there was no representation for the petitioner and hence the matter was directed to be listed under the same caption on 31.07.2017. On 31.07.2017, when the matter was taken up for hearing, there was no representation for the petitioner. The counsel for the respondent present and seeks time to file counter and hence the matter was directed to be listed today under the same caption.
2. Today, when the matter was taken up for hearing at 10.30 A.M., there was no representation for the petitioner/appellant. The counsel for the Respondent present and was ready to argue the matter. Hence, the matter was passed over. Again when the matter was taken up for hearing at 12.30 P.M., there was no representation for the petitioner. Though the petitioner was given ample opportunities on earlier three occasions to prosecute his case, he has not chosen to prosecute the case either in person or through his counsel.
3. Hence, we are of the view that the petitioner has no interest in prosecuting this case. Hence, we dismiss this petition seeking to condone the delay in filing the CMA No.SR.100737 of 2015, for non prosecution. Consequently, CMA No.SR.100737 of 2015 stands dismissed.
gr.
Copy to:
(R.P.S.J.,) (A.D.J.C.J.,) 01.08.2017 The II Additional Family Court, Chennai.
R.SUBBIAH, J., and A.D.JAGADISH CHANDIRA,J., gr.
C.M.P.No.11044 of 2017 in C.M.A.No.SR.100737 of 2015
01.08.2017