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Madras High CourtSA/1327/2004dismissed for nonprosecution

Gopala Gounder v. C.Muthu Gounder

2018-04-24Honourable Mr Justice T. Ravindran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2018

CORAM

THE HONOURABLE MR JUSTICE T.RAVINDRAN S.A.No.1327 of 2004 Gopala Gounder .. Appellant/Plaintiff Vs.

C.Muthu Gounder .. Respondent/Defendant Prayer :- Second Appeal has been filed under Section 100 C.P.C against the judgment and decree dated 28.06.2002 made in A.S.No.26 of 2002 on the file of the Additional District Judge, Fast Track Court No.IV, Erode at Bhavani against the judgment and decree dated 24.09.2001 made in O.S.No.470 of 2000 on the file of the II Additional District Munsif, Bhavani. For the appellant : No appearance For the respondent : Mr.N.Manoharan

JUDGMENT

Counsel for the respondent present.

2. In this matter, considering the memo filed by the counsel for the appellant complaining that no response has been received from the appellant despite communication and accordingly finding that the counsel for the appellant is no more appearing for the appellant and accordingly as there was no representation on behalf of the appellant and the appellant being called and remaining absent, Registry was directed to list the matter by printing the name of the appellant in the cause list on 24.04.2018 under the caption "for dismissal".

3. Today also, when the matter is called, there is no representation for the appellant. Appellant called absent.

4. Resultantly, Second Appeal is dismissed for non prosecution with costs. Consequently connected miscellaneous petition, if any is closed.

https://hcservices.ecourts.gov.in/hcservices/

MEMORANDUM OF COSTS SA.1327 OF 2004 Respondent's(Defendants ) Costs Rs. p Stamp for Vakalatnam 10.00 Advocate's fee [certificate not received] Translation and Printing/Typing charges NIL -------- 10.00 -------- (That the appellant herein/Plaintiff do pay to the Respondent herein/Defendant for a sum of Rs.10/- (Rupees Ten Only) being the costs incurred in this Second Appeal) Sd/- Assistant Registrar(CS-ix) //True Copy// Sub Assistant Registrar adl To

1. The Additional District Judge, Fast Track Court No.IV, Erode at Bhavani.

2. The II Additional District Munsif, Bhavani.

3. The Section Officer, V.R. Section, High Court, Madras.(2 copies) +1cc to Mr.ZEENATH BEGUM, Advocate, S.R.No.30520 S.A.No.1327 of 2004 EV(CO) TR(06/06/2018) https://hcservices.ecourts.gov.in/hcservices/