Madras High CourtSA/242/2007dismissed for default

Eswari, 39f, v. Subbana Gounder, 71 M,

2018-11-29Honourable Mr Justice R. Pongiappan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.11.2018 Coram:

The Honourable Mr. Justice R. PONGIAPPAN S.A.No.242 of 2007 and M.P.NOs.1 of 2007 & 1 of 2013 1.Eswari 2.Subramani 3.Marayee ..Appellants/Defendants 1 to 3

Versus

1.Subbana Gounder 2.K.Kolandasamy Gounder 3.Thangavel ..Respondents PRAYER: This Second Appeal is filed under Section 100 of the Civil Procedure Code to set aside the Judgment and decree dated 24.07.2006 made in A.S.No.1 of 2006 on the file of the Principal Subordinate Court, Erode, confirming the Judgment and decree dated 05.08.2005 made in O.S.No.183 of 2003 on the file of the Principal District Munsif Court, Erode by allowing this Second Appeal.

For Appellants :

No appearance For Respondents :

Mr.Parthikannan for MR.S.Kaithamalaikumaran for R1 and R2 No appearance For R3

ORDER

This Second Appeal is filed under Section 100 of the Civil Procedure Code to set aside the Judgment and decree dated 24.07.2006 made in A.S.No.1 of 2006 on the file of the Principal Subordinate Court, Erode, confirming the Judgment and decree dated 05.08.2005 made in O.S.No.183 of 2003 on the file of the Principal District Munsif Court, Erode by allowing this Second Appeal.

2. When the matter was taken up for enquiry on 26.11.2018, the learned counsel appearing for the appellant has reported that, there is no instruction from the appellant. Hence, the appeal is posted today 29.11.2018 for the appearance of the appellant.

https://hcservices.ecourts.gov.in/hcservices/

3. Today (29.11.2018), when the matter is taken up for hearing, even after printing the name of the appellant in the cause list, the appellant has not appeared before this Court, either personally or through the Advocate. It shows, that the petitioner is not interested to proceed the case. Accordingly, this Appeal is dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar sbn To 1) The Principal Subordinate Judge, Erode.

2) The Principal District Munsif, Erode.

Copy to: The Section Officer, VR Section, High Court, Madras. (2 copies) S.A.No.242 of 2007 and M.P.NOs.1 of 2007 & 1 of 2013 VGI(CO) ssm(20/12/18) https://hcservices.ecourts.gov.in/hcservices/