Balasubramani v. 1. Muthayammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.M.S.A.No.3 of 1997 and C.M.P.No.971 of 1997 Balasubramani ... Appellant Vs.

1. Muthayammal

2. Palaniappan ... Respondents Prayer : Civil Miscellaneous Second Appeal filed under Order XXI Rule 58(4) of Civil Procedure Code, against the order and decree dated 18.07.1996 in C.M.A.No.4 of 1996 on the file of III Additional District Judge, Dharmapuri, reversing the order and decree dated 06.09.1994 in E.A.No.338 of 1993 in E.P.No.50 of 1993 on the file of the District Munsif Court, Krishnagiri. For Appellant : No appearance For 1st Respondent : Mr.N.E.A.Dinesh

J U D G M E N T

When the matter was taken up for hearing on 03.11.2017, there was no representation on behalf of the appellant. Similarly, the matter was listed on 16.11.2017, neither the appellant nor the counsel was present. Again on 08.12.2017, when the matter was taken up for hearing, there was no representation for the appellant and the matter was directed to be listed on 03.01.2018. Even on 03.01.2018, there was no representation for the appellant and the Registry was directed to post this matter on 04.01.2018 under the caption "for dismissal".

2. When the matter is taken up today (04.01.2018) once https://hcservices.ecourts.gov.in/hcservices/

again, neither the counsel nor the appellant is present. Hence, this Civil Miscellaneous Second Appeal is dismissed for default. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar asi To 1.

The III Additional District Judge, Dharmapuri. 2.

The District Munsif, Krishnagiri Copy To The Section Officer, Record Keeper, VR Section, High Court, Madras-104 +1cc to Mr.N.E.A.Dinesh, Advocate, S.R.No.957 C.M.S.A.No.3 of 1997 and C.M.P.No.971 of 1997 NRJK (CO) abr/03/02/18 https://hcservices.ecourts.gov.in/hcservices/