Srinivasan v. E.K.Varadharaju Reddiar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2021

CORAM

THE HONOURABLE MR. JUSTICE T. RAVINDRAN S.A.No. 1267 of 2008 and M.P.No.1 of 2008 Srinivasan S/o. E.K.Varadarajalu Reddiar ... Appellant/Plaintiff Vs.

1. E.K. Varadharajalu Reddiar Son of Kallappa Reddiar

2. The Manager, Jollarpet Co-operative Urban Bank Tirupattur

3. The Manager, Union Bank, Nattrampalli Vellore District

4. The Manager, Vellore Central Co-operative Bank Sugar factory Branch Tirupattur.

... Respondents/Defendants Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree in A.S.No. 93/2007 on the file of Sub Court, Tirupattur, Vellore District , dated 18.06.2008 in confirming the judgment and decree in O.s. No.14/1997 on the file of the Additional District Munsif cum Judicial Magistrate, Ambur, dated 27.06.2006. For Appellant : No appearance For Respondents For R1 : Mr. M. Rajaraman For R2 : Mr. L.P. Shanmugasundaram R3 and R4 set exparte in Lower court.

JUDGMENT

In this matter, the counsel for the appellant had already reported no instruction and undertook to file a memo to that effect and in the light of the abovesaid position, the appellant being called and remaining absent, the Registry was directed to list the matter today under the caption "for dismissal" by printing the name of the appellant.

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2. Today, when the matter is called, there is no representation for the appellant. The appellant called, absent. Counsel for R1 and R2 present.

3. In the light of the abovesaid factors, the second appeal is dismissed for non prosecution with costs. Consequently, connected miscellaneous petition is closed.

MEMORANDUM OF COSTS Respondents ( ) Costs Rs. P.

Stamp for Vakalatnama R1,R2,R3 30.00 Advocate's fee [certificate not received] -- Translation and Printing/Typing charges nil ------ 30.00 Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar bga To

1. The Sub Court, Tirupattur, Vellore District.

2. The Additional District Munsif cum Judicial Magistrate, Ambur.

3. The Manager, Jollarpet Co-operative Urban Bank Tirupattur.

4. The Section Officer, VR Section, High Court, Madras.

+1cc to the Special Government Pleader Sr.21778 +1cc to Mr.V.Raghavachari, Advocate Sr.20854 S.A.No. 1267 of 2008 rld[co] srg 19/07/2021 https://hcservices.ecourts.gov.in/hcservices/