Madras High CourtSA/1281/2004dismissed for nonprosecution

S.C.Marappa Gounder v. Chandramouli @ Senthil Kumar

2018-04-18Honourable Mr Justice T. Ravindran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAVINDRAN S.A.No.1281 of 2004

1. S.C.Marappa Gounder

2. K.M.Venkidusamy

3. K.M.Rathinasamy .. Appellants Vs.

1. Chandramouli @ Senthil Kumar

2. Jayakumari .. Respondents Prayer :- Second Appeal has been filed under Section 100 of Civil Procedure Code against the judgment and decree dated 25.11.2003 made in A.S.No.36 of 2003 on the file of the Sub Court, Bhavani confirming the judgment and decree dated 06.07.2001 made in O.S.No.220 of 1998 on the file of I Additional District Minsif Court, Bhavani.

For the Appellants : No appearance For the Respondents 1 & 2 : Mr.N.Manoharan

JUDGMENT

Counsel for the respondents present.

2. In this matter, counsel for the appellants did not proceed further to make submission in the second appeal and on the other hand, she reported no instruction, however refused to make an endorsement to that effect.

3. Accordingly, this Court finding that the counsel for the appellants is not willing to proceed with the matter further in accordance with law and the appellants called and finding that appellants remaining absent, Registry was directed to list the matter by printing the name of the appellants in the cause list on 18.04.2018 under the caption " for dismissal".

4. Today also, when the matter is called, there is no representation for the appellants. Appellants called absent. https://hcservices.ecourts.gov.in/hcservices/

5. Resultantly, the Second Appeal is dismissed for non prosecution with costs.

MEMORANDUM OF COSTS SA.1281 OF 2004 Appellants/Petitioners( ) Costs Rs. p Stamp for Vakalatnama 10.00 Advocate's fee [certificate not received] FC Not Filed Translation and Printing/Typing charges NIL To be paid by the Petitioner() to the Respondent() ------------ 10.00 -------------- Rupees Ten only to be paid to the respondent by the petitioner as cost incurred in this appeal.

Sd/- Assistant Registrar(CS VIII) //True copy// Sub Assistant Registrar adl To

1. The Sub Court, Bhavani.

2. The I Additional District Minsif, Bhavani. Copy TO The Section Officer, VR Section, High Court, Madras.( 2 Copies) +1cc to Mr.Zeenath Begum, Advocate SR.No.28548 +1cc to Mr.N.Manokaran, Advocate SR.No.28966 S.A.No.1281 of 2004 CP(CO) GN(31/05/2018) https://hcservices.ecourts.gov.in/hcservices/