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Madras High CourtSA/2039/2002dismissed for nonprosecution

K.Muthusamy Padayachi v. N.Selvam

2021-07-30Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2021

CORAM:

THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE S.A.NO.2039 OF 2002 AND C.M.P.NO.14183 OF 2003

1. K.Muthusamy Padayachi

2. M.Anbu

3. M.Selvam ... Appellants/Defendants 1 to 3

Versus

1. N.Selvam ... 1st Respondent/Plaintiff

2. Chellamuthu Padayachi

3. Nallamuthu Padayachi

4. Lakshmi ... Respondents 2 to 4/ Defendants 4 to 6 PRAYER:- Second Appeal filed under Section 100 of Civil Procedure Code against the decree and judgment in A.S.No.185 of 2000 on the file of First Additional District Cum Chief Judicial Magistrate, Salem, dated 27.08.2001 confirming the judgment and decree in O.S.No.101/97 on the file of Subordinate Judge, Attur, dated 31.01.2000.

For Appellants : No appearance For Respondents : Mr.M.Sudhakar for R1

JUDGMENT

(Heard Video Conference) The matter is listed under the caption "for dismissal", today.

This Court by it earlier order dated 20.07.2021 recorded the submission of the learned counsel for the appellants that he reports "no instructions" in this matter and thereafter, this https://hcservices.ecourts.gov.in/hcservices/

Court directed the Registry to print the name of the appellants in the cause list and post the matter for hearing on 27.07.2021. On 27.07.2021, the names of the appellants were printed in the cause list, as directed by this Court. Even on 27.07.2021, there was no representation on the side of the appellants and thereafter it was posted today. The names of the appellants are once again printed in the cause list, today. Even today, there is no representation on the side of the appellants. The appellants have also not engaged any new counsel or have they appeared in person before this Court. It can now be inferred that the appellants are not interested to prosecute this Second Appeal. Accordingly, the Second Appeal is dismissed for non prosecution. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vsi2 To 1.

The First Additional District Cum Chief Judicial Magistrate, Salem.

2.

The Subordinate Judge, Attur.

Copy To:

The Section Officer, V.R. Section, High Court, Madras.

S.A.NO.2039 OF 2002 SSI(CO) PBS/08/09/2021 https://hcservices.ecourts.gov.in/hcservices/