Madras High CourtSA/1404/2004dismissed for nonprosecution

M.Palanisamy S/O Muthusamy v. P.Subbian, S/O Palanisamy

2018-07-24Honourable Mr Justice T. Ravindran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:24.07.2018

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN S.A.Nos.1404 and 1405 of 2004 S.A.No.1404 of 2004:

M.Palanisamy ...Appellant/ Plaintiff Vs.

1.P.Subbian 2.P.Rangnasamy 3.Valliammal 4.P.Velumani 5.P.Kalpana

...Respondents/Defendants 1 & 2 & Defendants 3 to 5

S.A.No.1405 of 2004:

M.Palanisamy ...Appellant /Defendents Vs.

P.Subbian ... Respondent/ Plaintiff Prayer in S.A.No.1404 of 2004:

Second Appeal filed under Section 100 of C.P.C., against the decree and judgment dated 28.11.2003 passed in A.S.No.10 of 2003 on the file of the Court of the Subordinate Judge, Tiruppur, Coimbatore District reversing the judgment and decree dated 19.11.2002 passed in O.S.No.492 of 1996 on the file of the Court of the District Munsif cum Judicial Magistrate, Palladam, Coimbatore District.

Prayer in S.A.No.1405 of 2004:

Second Appeal filed under Section 100 of C.P.C., against the decree and judgment dated 28.11.2003 passed in A.S.No.11 of 2003 on the file of the Court of the Subordinate Judge, Tiruppur, Coimbatore District reversing the judgment and decree dated 19.11.2002 passed in O.S.No.129 of 1998 on the file of the Court of the District Munsif cum Judicial Magistrate, Palladam, Coimbatore District.

For Appellant : No appearance For Respondents : No appearance C O M M O N J U D G M E N T In both the Second Appeals, counsel for the appellant had already reported no instructions and also made an endorsement to that effect and the appellant being called and remaining absent, Registry was directed to list the matters today, i.e, on 24.07.2018, under the caption " for dismissal ", by printing the name of the appellant in the cause list.

2. Today, when the matters are called, there is no representation for the appellant. Appellant called absent.

3. Resultantly, both the Second Appeals are dismissed for non-prosecution.

No costs.

Consequently, connected miscellaneous petition, if any, is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To

1. The Subordinate Judge, Sub Court, Tiruppur, Coimbatore District.

2.The District Munsif cum Judicial Magistrate, Palladam, Coimbatore District.

Copy to The Section Officer, VR Section, High Court, Chennai.

S.A.Nos.1404 and 1405 of 2004 SR(CO) GSP(07/08/2018)