R.Kuppathal v. P.Chinnasamy

SA.SR.No.72604 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2019

CORAM

THE HONOURABLE MR. JUSTICE T.RAVINDRAN CMP No.13553 of 2019 in SA.SR.No.72604 of 2018 R. Kuppathal ... Petitioner Vs.

1. P. Chinnasamy

2. P. Ramasamy

3. A. Lakshmi

4. M. Govindammal

...Respondents

Prayer: Civil Miscellaneous Petition filed under Order XLI Rule 3-A r/w Order XLII Rule 1 of CPC to condone the delay of 46 days in preferring the Second Appeal against judgment and decree dated 20.09.2017 passed in A.S.No.11 of 2013 on the file of the Principal Subordinate Judge at Tiruppur, dismissing the first appeal and confirming the judgment and decree dated 15.03.2012 passed in O.S.No.82 of 2004 on the file of the District Munsif Court at Palladam.

For Petitioner :

No appearance For Respondents :

Mr.V.Anandhamurthy for R1 & R2

ORDER

This matter was listed on 09.08.2019 and on that day, there was no representation for the petitioner, despite the matter being called twice and on the petitioner being called and remaining absent, the Registry was directed to list the matter on 13.08.2019 under the caption "for dismissal".

http://www.judis.nic.in 1/2

SA.SR.No.72604 of 2018 T.RAVINDRAN,J.

bga

2. Today, when the matter is called, there is no representation for the petitioner. Petitioner called absent. Counsel for R1 and R2 present

3. In the light of the above position, this petition is dismissed for non prosecution with costs and consequently, the Second Appeal in S.A.S.R.No.72604 of 2018 is rejected.

13.08.2019 Index : Yes/No Internet:Yes/No bga CMP No.13553 of 2019 in SA.SR.No.72604 of 2018 http://www.judis.nic.in 2/2