B.Saravanan v. B.Aruvi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.07.2024

CORAM:

THE HON'BLE MRS.JUSTICE.N.MALA B.Saravanan ... Appellant Vs.

1.B.Aruvi 2.A.P.Balakrishnan 3.Thanjammal 4.Dharman 5.K.Kumar ... Respondents PRAYER:-- This Second Appeal is filed under Section 100 of the Civil Procedure Code, to set aside the Judgment and Decree dated 22.11.2019 passed in A.S.No.36 of 2018 on the file of the Principal District Judge, Krishnagiri confirming the Judgment and Decree dated 27.03.2018 passed in O.S.No.196 of 2010 on the file of the Additional Special Judge, Krishnagiri and thereby allow this Second Appeal. For Appellant : No appearance For R1 : Mr.V.Nicholas 1/4

For R2, R3 : No appearance For R4 : Unserved For R5 : Unclaimed

J U D G M E N T

On 01.07.2024, when the matter was taken up for hearing Ms.Shruti, learned representing counsel for the appellant represented that her office had given change of vakalat. Therefore, Registry was directed to print the name of the appellant after verifying if any counsel had entered appearance for the appellant. On 09.07.2024, when the matter was taken up for hearing, there was no representation for the appellant. Therefore, the matter was directed to be listed for dismissal on 11.07.2024. Even today the appellant has not appeared either in person or through his counsel. Therefore, it can now be inferred that the petitioner is not interested in prosecuting the second appeal. Accordingly, the Second Appeal stands dismissed for non prosecution. There shall be no order as to costs.

11.07.2024 NCC : Yes /No Index : Yes / No ah To 2/4

1.The Principal District Judge, Krishnagiri.

2.The Additional Special Judge, Krishnagiri.

3.The Section Officer, Vernacular Records, High Court, Madras.

N.MALA, J.

3/4

ah 11.07.2024 4/4