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Madras High CourtSA/79/2018dismissed for nonprosecution

Mr.Kubendiran v. Mr.Balakrishnan

2018-03-07Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2018

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA S.A.No.79 of 2018 and C.M.P.No.1657 of 2018 Kubendiran .. Appellant/Defendant Vs.

Balakrishnan .. Respondent/Plaintiff Prayer:- Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 26.04.2016 made in A.S.No.36 of 2014 on the file of the Principal Subordinate Judge, Tiruvannamalai by setting aside the decree and judgment dated 10.01.2014 in O.S.No.892 of 2011 on the file of the Additional District Munsif, Chengam. For Appellant : Mr.A.G.Prabukumar- No Appearance For Respondent : Mr.P.Mani

JUDGMENT

When the Second Appeal was taken up for hearing on 02.02.2018, there was no representation for the appellant. Hence, this Court directed the Registry to post the matter after four weeks. Again, when the matter was called on 05.03.2018, there was no representation on behalf of the appellant and hence this Court directed the Second Appeal to be listed under the caption 'for dismissal' on 07.03.2018.

2. Today (i.e. on 07.03.2018), when the second appeal is taken up for hearing, there is no representation for the appellant either in person or through counsel, inspite of the matter being listed in the said caption. Hence, the S.A is dismissed for non-prosecution. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IX ) //True copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

srn To 1.The Principal Subordinate Judge, Tiruvannamalai 2.The Additional District Munsif, Chengam S.A.No.79 of 2018 and C.M.P.No.1657 of 2018 CNR(CO) GN(09/04/2018) https://hcservices.ecourts.gov.in/hcservices/