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Madras High CourtSA/1619/2003dismissed for nonprosecution

Bharathkumar v. R.V.S.Prasad,

2024-03-28Honourable Mr.Justice R.Sakthivel2 pages

S.A.No.1619 of 2003

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL S.A.No.1619 of 2003 and CMP. Nos.12462 of 2000 and 14831 of 2003 Bharathkumar ... Appellant Vs.

R.V.S.Prasad ... Respondent Prayer: This Second Appeal is filed under Section 100 of C.P.C., against the decree and judgment in A.S.No.165 of 1997 on the file of the 6th Additional Judge, City Civil Court, Madras, dated 19.08.1998 confirming the decree and Judgment in O.S.No.1406 of 1995 on the file of the 15th Assistant Judge, City Civil Court, Madras dated 30.09.1996.

For Appellant : No appearance For Respondent : Not ready in notice

J U D G M E N T

There is no representation for the appellant.

2. When the matter came up before this Court on 01.02.2023, this Court directed the Registry to issue notice to the appellant returnable by 01.03.2023. Again when the matter came up on 18.10.2023, this Court R.SAKTHIVEL,J., 1/2 https://www.mhc.tn.gov.in/judis

S.A.No.1619 of 2003 mpa directed the Registry to issue fresh notice to appellant returnable by 16.11.2023.

3.Notice sent by the Registry to the appellant was returned with the following endorsement dated 03.04.2023, made by bailiff: "Unserved Building demolished:Returned unserved on enquiry being made by me and it is report that said address No.77, Govindappa Naicken Street, building was demolished. Hence notice was returned unserved.".

4. Today, when the matter is called, none appeared on behalf of the appellant. Hence, this Second Appeal is dismissed for non prosecution. No cost. Consequently, connected miscellaneous petitions are closed. 28.03.2024 mpa Index : Yes / No Speaking Order: Yes / No To

1. The 6th Additional Judge, City Civil Court, Madras.

2. The 15th Assistant Judge, City Civil Court, Madras. S.A.No.1619 of 2003 and CMP. Nos.12462 of 2000 and 14831 of 2003 2/2 https://www.mhc.tn.gov.in/judis