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Madras High CourtCMA/500/2018dismissed for nonprosecution

R. Pathmanaban Alias v. J. Flarance

2023-08-18Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2023 CORAM :

THE HON'BLE MR. JUSTICE P.VELMURUGAN R.Pathmanaban alias John Pathmanaban ... Appellant vs.

J.Flarance ... Respondent Civil Miscellaneous Appeal filed under Section 55 of IDOP Act to set aside the judgment in I.D.O.P.No.28 of 2014 dated 02.06.2017 passed by the learned Principal District Judge, Vellore. For Appellant : No appearance For Respondent : Mr.E.Srinivasan

J U D G M E N T

At the request of the learned counsel for both sides, this Court by order dated 13.04.2023, referred the matter to Mediation and Conciliation Centre for settlement, however, the case was not settled before Page No.1/4

the Mediation Centre. When the matter was listed before this Court on 20.07.2023, at request of the learned counsel for the appellant, this Court adjourned the matter on 18.08.2023 on condition that no further time would be granted.

2. Today, when the matter is taken up for hearing the learned counsel for the respondent is present and he is ready to argue the matter, however, there was no representation for the appellant, which clearly shows that the appellant is not interested in arguing the matter.

3. Since there was no representation for the appellant, this Civil Miscellaneous Appeal is dismissed for non-prosecution. There shall be no order as to costs.

18.08.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms Page No.2/4

To The Principal District Judge, Vellore.

Page No.3/4

P.VELMURUGAN, J.

ms 18.08.2023 Page No.4/4