Nanjammal v. K.Venkatasamy Naidu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2017

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA C.M.S.A.No.19 of 1994 and C.M.P.Nos.13290 to 13292 of 1997 Nanjammal .. Appellant Vs.

1. K.Venkatasamy Naidu

2. V.Govindarajan .. Respondents Civil Miscellaneous Second Appeal filed under Order 21 Rule 58(4) read with Section 100 C.P.C against the judgment and decree dated 30.07.1993 in C.M.A.No.129 of 1992 on th file of the Third Additional SubCourt, Coimbatore, against the fair and decretal order, dated 31.07.1992 in E.A.No.1178 of 1990 in E.P.No.127 of 1989 in O.S.No.1416 of 1986 on the file of the First Additional District Munsif Court, Coimbatore. For Appellant : No Appearance For Respondents : R-1 - died R-2 - Notice served - No appearance

JUDGMENT

When the C.M.S.A. came up for hearing on 03.02.2017, there was no representation for the appellant. Hence, it was directed to be posted on 10.02.2017 under the caption 'for dismissal'. Even today (17.02.2017), when the C.M.S.A. is taken up for hearing, there is no representation for the appellant, either in person or through counsel. Hence, the C.M.S.A. is dismissed for non-prosecution. No costs. Consequently, C.M.Ps. are closed.

17.02.2017 cs To

1. The Third Additional Sub Judge, Coimbatore

2. The First Additional District Munsif, Coimbatore

PUSHPA SATHYANARAYANA, J cs C.M.S.A.No.19 of 1994 17.02.2017