Ayyannadoss v. Rajendran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2024 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD and M.P.No.1 of 2008 Ayyannadoss ... Appellant/Appellant/Plaintiff Vs.

1.Rajendran 2.Arugadoss 3.S.S.Vathi ... Respondents/Respondents 1 to 4/Defendants 2 to 4 4.Rajkumar 5.Jeevakumar 6.Devakumar 7.Deepakumar 8.Chithra 9.Babu @ Sornakumar 10.Dharanikumar ... Respondents/Respondents 5 to 11/Defendants 5 to 11 PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908, against the Judgment and Decree dated 19.08.2008 passed Page No.1 of 5

in A.S.No.40 of 2006 on the file of the learned Principal District Judge, Villupuram confirming the Judgment and Decree dated 30.08.2006 passed in O.S.No.34 of 2005 on the file of the learned Subordinate Judge, Gingee. For Appellant : No appearance For Respondents 1,7 to 9 : Steps due regarding notice For Respondent 2 : No appearance For Respondents 3 to 6 : No appearance

O R D E R

When the matter was listed for hearing on earlier occasion i.e. on 13.12.2024, learned counsel for the appellant submitted that he is unable to contact the appellant for the past three years and he has no instructions from him. Hence, this Court has directed the Registry to list the matter on 17.12.2024 under the caption "For Dismissal".

2. Today, when the matter was taken up for hearing, learned counsel for the appellant filed a copy of the Memo dated 14.12.2024 stating that he has no instruction from the appellant.

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3. Recording the aforesaid memo dated 14.12.2024 filed by the learned counsel for the appellant, this Second Appeal is dismissed for nonprosecution. No costs. Consequently, connected Miscellaneous Petition is closed.

17.12.2024 vm Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To:

1.Principal District Court, Villupuram.

2.Subordinate Court, Gingee.

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J.SATHYA NARAYANA PRASAD,J.

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