Kumar v. Sivalingam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :17.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY S.A.No.199 of 2013 1.Kumar 2.Periyathambi ... Appellants/1 & 2 Defendants Vs 1.Sivalingam .. 1st Respondent/Plaintiff 2.The Junior Engineer, Tamil Nadu Electricity Board, Tiruvannamalai.

..2nd Respondent/3rd Defendant PRAYER: Second Appeal filed under Section 100 of the code of Civil Procedure Code, to set aside the judgment and decree dated 03.10.2012 in A.S.No.48 of 2011 on the file of Principal Subordinate Judge, Tiruvannamalai, reversing the decree and judgment dated 22.07.2011 in O.S.No.96 of 2006 on the file of Principal District Munsif, Tiruvannamalai.

For Appellants : No appearance For Respondents : No appearance

JUDGMENT

On 29.11.2018, when the matter was called, there was no representation on the side of the appellants, hence the matter was directed to be listed under the caption 'for dismissal' on 03.12.2018. On 03.12.2018, when the matter was called, the learned counsel for the appellants represented and sought adjournment for a week and hence the matter was posted on 10.12.2018. On 10.12.2018 when the matter was called, again the learned counsel for the appellants sought adjournment for a week. Today i.e., (17.12.2018) when the matter was called there is no representation on the side of the appellants, hence the matter was passed over. Even thereafter when the matter was https://hcservices.ecourts.gov.in/hcservices/

taken up none appeared on the side of the appellants which shows that the appellant is not interested in prosecuting the matter. Hence the second appeal is dismissed for non prosecution. No costs.

Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar dpq To, 1.The Principal Subordinate Judge, Tiruvannamalai

2. The Principal District Munsif, Tiruvannamalai S.A.No.199 of 2013 CA(CO) GMY(01/04/2019) https://hcservices.ecourts.gov.in/hcservices/