Dhakshinamoorthy v. Thandavarayan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2015
CORAM
THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR S.A.No.422 of 2008 Dhakshinamoorthy .. Appellant/Plaintiff -VsThandavarayan .. Respondent/Defendant Second Appeal filed under section 100 of C.P.C against the judgment and decree of the learned Principal Subordinate Judge, Tindivanam in A.S.No.11 of 2006 dated 30.11.2006 reversing the judgment and decree of the learned Additional District Munsif, Tindivanam in O.S.No.397 of 1997 dated 14.03.2005. For appellant : No appearance For Respondents : Mr.T.R.Rajaraman -----
JUDGMENT
On the previous date of hearing Mr.A.K.Kumaraswamy, the learned counsel who held vakalat for the appellant, submitted that the appellant took back the bundle and also obtained his consent for engaging another counsel. Though the appellant, as per the above said submissions made by Mr.A.K.Kumaraswamy, took back the bundle six months back, he has not chosen to make arrangements for representation on his behalf through another counsel. The appellant was also not present on the previous date of hearing. However, in order to give him one more chance, this Court directed listing of the matter today and the Registry was also directed to print the name of the appellant with an indication that in the absence of representation today, the appeal will be dismissed for nonprosecution. Accordingly, the name of the appellant stands printed in the cause list. The appellant has not chosen to appear either in person or through counsel to prosecute the appeal. Hence, this Court has got no other option than to dismiss the second appeal for nonprosecution. https://hcservices.ecourts.gov.in/hcservices/
2. Accordingly, the second appeal is dismissed for nonprosecution with costs. Dismissed for non-prosecution with Costs vide order of PRSJ dated 7/8/2015 SA.No.422 of 2008 MEMORANDUM OF COSTS Rs.P Stamp for Vakalatnama ..10.00 Advocate's Fee F.C.not received -- Translation Printing Charges Nil -s/dAssistant Registrar True Copy Sub-Assistant Registrar gpa To
1. The Principal Subordinate Judge Tindivanam
2. The Additional District Munsif Tindivanam copy to: The Section Officer, VR Section high Court,Madras S.A.No.422 of 2008 aa06/10/2015 https://hcservices.ecourts.gov.in/hcservices/