M.M. Hanifa v. S.S. Mani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2024

CORAM:

The Hon'ble MR.JUSTICE SATHI KUMAR SUKUMARA KURUP S.A.No.1038 of 2013 and M.P.No.1 of 2013 M.M.Hanifa ...Appellant -VsS.S.Mani

...Respondent

Prayer:- Second Appeal is filed under Section 100 of Civil Procedure Code against the Judgment and Decree passed in A.S.No.29 of 2011 dated 29.03.2012 on the file of the learned Subordinate Judge, Mettur reversing the Judgment and decree passed in O.S.No.60 of 2008 dated 14.07.2011 on the file of the learned District Munsif, Mettur. For Appellant : No Appearance For Respondent : M/s.Karan and Uday

O R D E R

When the case came up for hearing on earlier occasions, the case was adjourned from 12.06.2024 to 19.06.2024 and again it was adjourned from 19.06.2024 to 26.06.2024 under the caption "for dismissal". 1/4

2. Today, 26.06.2024, when the case is taken up for hearing, there is no representation for the Appellant and hence, the case is passed over to 1.15 p.m.,. At 1.15 p.m., there is no representation for the learned Counsel for the Appellant. The learned Counsel for the Respondent is present in Court.

3. From the records, it is seen that there is less inclination on the part of the Appellant in the Second Appeal to proceed with the argument.

4. The above Second Appeal stands dismissed for nonprosecution since Appellant is not inclined to proceed with the case. Consequently, connected miscellaneous petition is closed. 26.06.2024 dh Index : Yes/No Speaking/Non-speaking order 2/4

To

1. The Subordinate Judge, Mettur.

2. The District Munsif, Mettur.

SATHI KUMAR SUKUMARA KURUP, J., 3/4

dh S.A.No.1038 of 2013 and M.P.No.1 of 2013 26.06.2024 4/4