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Madras High CourtSA/631/2017dismissed for nonprosecution

Sri Krishna Bus Service v. Arulmighu Tharageswara

2018-02-16Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2018 CORAM :

THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA S.A.No.631 of 2017 and C.M.P.No.15608 of 2017 Sri Krishna Bus Service, Rep by its Proprietor Mrs.S.Saroja ... Appellant/Defendant Vs.

Arulmighu Tharageswara Swamy Temple, Thottapalayam, Vellore Represented by its Executive Officer, having his Office at Arulmigu Tharageswara Swamy Temple, Thottapalayam, Vellore ... Respondent/Plaintiff Prayer:- This Second Appeal has been filed under Section 100 of Civil Procedure Code against the judgment and decree passed in A.S.No.48 of 2013 dated 27.03.2015 on the file of the learned Additional Subordinate Judge at Vellore, confirming the judgment and decree passed in O.S.No.1047 of 2004 dated 22.08.2013 on the file of the learned Principal District MUnsif at Vellore and to set aside the same and allow the appeal.

For Appellant : Mr.S.Rajendran - No Appearance For Respondent : Mr.A.U.Elango

J U D G M E N T

The above Second Appeal had been listed on 20.11.2017, 12.12.2017 and again on 15.02.2018. All the three occasions, there was no representation for the appellant and the learned counsel for the respondent was ready. Even today (16.02.2018), when the matter is posted under the caption for dismissal, there is no representation for the appellant either in person or through counsel. Hence, the Second Appeal is dismissed for non prosecution.

No costs.

Consequently, connected miscellaneous petition is closed.

srn Sd/- Assistant Registrar(CS III) //True Copy// https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To 1.The Additional Subordinate Judge, Vellore 2.The Principal District Munsif, Vellore.

+1cc to Mr.A.V.Ilango, Advocate Sr.No.12335 TM(CO) sm:8.3.2018 S.A.No.631 of 2017 and C.M.P.No.15608 of 2017 https://hcservices.ecourts.gov.in/hcservices/