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Madras High CourtSA/1465/2005dismissed for nonprosecution

Thenmozhi (39) v. M.Gandhi (46)

2019-03-11Honourable Mr Justice T. Ravindran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2019

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN S.A.No.1465 of 2005

1. Thenmozhi

2. Vimalammal ...

Appellants/Respondents/Defendants Vs.

1. M.Gandhi

2. Gnamani

3. Saroja ... Respondents Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 28.02.2005 in A.S.No.42 of 2004 on the file of the Principal Subordinate Court, Thirupattur, reversing the judgment and decree dated 09.07.2004 in O.S.No.49 of 2001 on the file of the District Munsif Court, Ambur. For Appellants : No appearance For Respondents : Mr.V.Jeevagiridharan

J U D G M E N T

The counsel for the respondents present. This matter was listed on 08.03.2019 and on that day, eventhough the counsel for the respondents present, there was no representation for the appellants, despite the matter being called twice and the appellants being called twice, remaining absent, the Registry was directed to post the matter today under the caption "for dismissal".

2. Today, when the matter is called, there is no representation for the appellant. Appellant called absent. In the light of the above position, this second appeal is dismissed for non-prosecution with costs. Consequently, connected miscellaneous petition, if any, is closed. https://hcservices.ecourts.gov.in/hcservices/

MEMORANDUM OF COSTS Respondent's( ) Costs Rs. p Stamp for Vakalatnama 10.00 Advocate's fee [FC not Received] Translation and Printing/Typing charges NIL -------- 10.00 The Petitioner do pay Rs.10 (Rupees Ten only) -------- to the Respondent towards cost incurred by him in this appeal Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar nsd To

1. The Subordinate Judge, Thirupattur.

2. The District Munsif Judge, Ambur.

Copy to The Section Officer, V.R.Section, High Court, Madras.

+1cc to Mr.V.Jeevagiridharan, Advocate, S.R.No. 23246 S.A.No.1465 of 2005 RSI(CO) GN(05/04/2019) https://hcservices.ecourts.gov.in/hcservices/