S. Nityananthan v. S. Periyasamy

C.M.A.No.2813 of 2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.07.2023 CORAM :

THE HONOURABLE MR. JUSTICE K.RAJASEKAR C.M.A.No.2813 of 2016 and C.M.P.No.20427 of 2016 S.Nityananthan ... Appellant /Petitioner Vs.

1. S.Periyasamy

2. State of Tamil Nadu, by its District Collector, Erode District, Erode - 11.

... Respondents/respondents Civil Miscellaneous Appeal filed under Order XLIII Rule 1 of the Code of Civil procedure, against the Order and Decree dated 06.10.2016 made in P.O.P.No.89 of 2015 on the file of the I Additional District Judge, Erode.

For Appellant : Mr.M.N.Kathir (No appearance) For Respondents : No appearance

JUDGMENT

Earlier, this matter was posted on 20.06.2023, there was no representation on behalf of the appellant and hence, the matter was posted on 05.07.2023 and the matter was again called on 05.07.2023, there was no K.RAJASEKAR,J., 1/2 https://www.mhc.tn.gov.in/judis

C.M.A.No.2813 of 2016 ssi representation for the appellant and thereafter, the matter was directed to be posted today (10.07.2023) under the caption "for dismissal".

2. Even today (10.07.2023), when the matter is called, again there is no representation on behalf of the appellant. It shows that the appellant is not interested to proceed the case further. Hence, this Court has no other option except to dismiss the same.

3. Accordingly, this Civil Miscellaneous Appeal stands dismissed for default. No costs. Consequently, the connected miscellaneous petition is closed.

11.07.2023 ssi Index:Yes/No Speaking Order : Yes/No To

1. The I Additional District Judge, Erode.

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

C.M.A.No.2813 of 2016 2/2 https://www.mhc.tn.gov.in/judis