Chandran Naicker v. Madurai Naicker

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2024 CORAM :

THE HONOURABLE MR. JUSTICE N.SENTHIL KUMAR Second Appeal No.957 of 2011 and M.P.No.1 of 2011 Chandran Naicker ... Appellant/Respondent/Plaintiff Vs.

Madurai Naicker ... Respondent/Appellant/Defendant Second Appeal filed under Section 100 of C.P.C against the decree and Judgment passed in A.S.No.7 of 2008 on the file of Principal Sub-Judge Court at Chengalpattu dated 30.09.2008 reversing the Judgment & Decree made in O.S.No.281 of 2000 dated 23.11.2007 on the file of District Munsiff Court, Chengalpattu.

For Appellant :

No appearance

J U D G M E N T

When the matter was listed for hearing on earlier occasions i.e. on 30.08.2024 & 03.09.2024, none appeared on behalf of the appellant. Hence, this Court directed the Registry to list the matter on 05.09.2024 under the Page No.1 of 4

caption "For Dismissal".

2. Today, when the matter was taken up for hearing, there was no representation for the appellant. Thus, it is clear and evident that the appellant is not interested in prosecuting the case and this Court has no other option except to dismiss this second appeal for non-prosecution.

3. In view of the above, this second appeal is dismissed for nonprosecution. No costs. Consequently, connected miscellaneous petition is closed.

05.09.2024 vm Index :

Yes/No Speaking Order :

Yes/No :

Yes/No Page No.2 of 4

N.SENTHIL KUMAR,J.

vm Page No.3 of 4

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