Dhavamani v. Palanisamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2016

CORAM

THE HON'BLE MR.JUSTICE S.NAGAMUTHU Second Appeal No.561 of 2015 and M.P.No.1 of 2015 1.Dhavamani 2.Venkateswaran 3.Kuppusamy ... Appellants/Defendants Vs.

Palanisamy ... Respondent/Plaintiff Prayer:- This Second Appeal has been filed under Section 100 C.P.C., against the judgment and decree dated 21.11.2014 passed in A.S.No.26 of 2013 on the file of the learned Subordinate Judge, Bhavani, Erode District confirming the decree and judgment dated 30.07.2012 passed in O.S.No.31 of 2007 by the learned 1st Additional District Munsif, Bhvani, Erode District. For Appellants :

No Appearance

JUDGMENT

When the matter was taken up for hearing on 05.01.2016, the learned counsel for the appellants would submit that he had given change of Vakalat to the Appellants and hence, he had withdrawn his appearance on behalf of the appellants. Therefore, Registry was directed to print the names of the appellants in the cause list and to post the matter on 06.01.2016 under the caption "for dismissal". 2.On 18.01.2016, though the matter was listed under the caption "for dismissal", neither the appellants appeared before this Court nor there was any representation for them. However, with a view to afford yet another opportunity to the appellants, the matter was ordered to be listed today (19.01.20116) under the caption "for dismissal". Registry was also further directed to print the correct names of the appellants in the cause list. 3.Accordingly, the appellants names have been printed in the cause list. Today also neither the appellants appeared in person nor there is any representation on behalf of them. It appears that the appellants are not interested in prosecuting the matter further.

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4.In the result, this second appeal fails and accordingly, the same is dismissed for default at the admission stage itself. There shall be no order as to costs. Consequently, connected M.P is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar jbm To 1.The Subordinate Judge, Bhavani, Erode District.

2.The 1st Additional District Munsif, Bhavani, Erode District.

S.A.No.561 of 2015 JSV(CO) CA(04/02/2016) https://hcservices.ecourts.gov.in/hcservices/