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Madras High CourtSA/872/2013dismissed for nonprosecution

Muniappan v. Subramanian

2024-06-26Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2024

CORAM:

The Hon'ble MR.JUSTICE SATHI KUMAR SUKUMARA KURUP S.A.Nos.872 & 873 of 2013 and M.P.No.1 of 2013 Muniappan ... Appellant in both Appeals -Vs1. Subramanian ... First Respondent in both Appeals

2. Settu

3. Santhanam ... Second and Third Respondent in S.A.No.872 of 2013 Prayer in S.A.No.872 of 2013:- Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 31.10.2011 made in A.S.No.33 of 2009 on the file of the Subordinate Judge, Ginjee, Villupuram District reversing the Decree and Judgment dated 30.06.2009 in O.S.No.117 of 2001 on the file of the Additional Munsif Court, Ginjee, Villupuram District.

Prayer in S.A.No.873 of 2013:- Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 1/5

31.10.2011 made in A.S.No.34 of 2009 on the file of the Subordinate Judge, Ginjee, Villupuram District reversing the Decree and Judgment dated 30.06.2009 in O.S.No.148 of 2001 on the file of the Additional Munsif Court, Ginjee, Villupuram District.

For Appellant in both Appeals : No Appearance For Respondents in both Appeals : No Appearance C O M M O N O R D E R When the case came up for hearing on earlier occasions, the case was adjourned from 04.06.2024 to 11.06.2024 and again it was adjourned from 11.06.2024 to 26.06.2024 under the caption "for dismissal".

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 as well as Respondents.

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. 2/5

4.

4. The above Second Appeal stands dismissed for nonprosecution since the Appellant is not inclined to proceed with the case. Consequently, connected miscellaneous petition is closed. 21.06.2024 dh Index : Yes/No Speaking/Non-speaking order To

1. The Subordinate Judge, Ginjee, Villupuram District

2. The Additional Munsif Court, Ginjee, Villupuram District.

3/5

4/5

SATHI KUMAR SUKUMARA KURUP, J., dh S.A.Nos.872 & 873 of 2013 and M.P.No.1 of 2013 26.06.2024 5/5