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Madras High CourtCMSA/14/2004dismissed for nonprosecution

M/S.A. Angathal v. M/S.The Sub Registrar Of

2023-09-05Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2023 CORAM :

THE HON'BLE MR. JUSTICE P.VELMURUGAN C.M.S.A. No. 14 of 2004 ---- A.Angathal ... Appellant Vs.

1.The Sub Registrar of Co-operative Societies, Pacakage, Avinashi.

2.K.2019, Thekkalur Primary Agricultural Co-op Bank, Thekkalur, Rep.by its Special Officer.

3.K.Avinasiappan ... Respondents Civil Miscellaneous Second Appeal filed under Section 152(i) of Tamil Nadu Co-operative Societies Act read with Section 100 C.P.C against the judgment and decree dated 03.09.2002 made in Co-op C.M.A.No.176 of 2001 on the file of the Special Tribunal Cooperative Societies cum District Court, Coimbatore confirming the award Page No.1/4

dated 07.08.2001 made in Case No.1 of 2001 on the file of the Sub Registrar, Co-operative Societies, Avinashi.

For Appellant : Mr.Kumarasamy For Respondents : No appearance

J U D G M E N T

When the matter was listed for hearing on 28.08.2023, this Court directed the learned counsel for the appellant to find out as to whether the appellant is interested to proceed with the case or not.

2. Today, when the matter is taken up for hearing, the learned counsel for the appellant submitted that he has not been able to contact the appellant and he is not in a position to proceed with the case further.

3. On perusal of the records, it is seen that the connected matter in C.M.S.A.No.39 of 2003 was disposed on 18.06.2019. It appears that the appellant has got the desired result in that order and hence, he has not approached the counsel on record in the present appeal. Page No.2/4

4. In view of the above, this civil miscellaneous second appeal is dismissed for non-prosecution. There shall be no order as to costs. 05.09.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms To 1.The Special Tribunal Co-operative Societies cum District Court, Coimbatore.

2.The Sub Registrar of Co-operative Societies, Pacakage, Avinashi.

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

Page No.3/4

P.VELMURUGAN, J.

ms C.M.S.A.No. 14 of 2004 05.09.2023 Page No.4/4