Madras High CourtSA/1785/2004dismissed for nonprosecution

Nachi @ Chinnathambi v. C.Soundaram,W/O.Late Ayyavoo

2018-06-05Honourable Mr Justice T. Ravindran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:05 .06.2018

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN S.A.No.1785 of 2004 Nachi @ Chinnathambi ...Appellant Vs.

1.C.Soundaram 2.Premkumar 3.Geetha

...Respondents

Prayer: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 31.07.2003 passed in A.S.No.6 of 2002 on the file of the Principal Subordinate Judge, Erode, confirming the judgment and decree dated 30.08.2001 passed in O.S.No.235 of 1997 on the file of the District Munsif cum Judicial Magistrate, Perunthurai. For Appellant : No appearance For Respondents : Mr.N.Manokaran

J U D G M E N T

Learned counsel for the respondents present.

2.This Second Appeal was listed on 20.04.2018 and on that date, as there was no representation for the appellant and the appellant being called and remaining absent, Registry was directed to list the matter on 23.04.2018 under the caption "for dismissal".

3. On 23.04.2018, both counsel were present. At request of the counsel for the appellant, the matter ordered to be listed on 04.06.2018. On 04.06.2018, when the matter is called twice, there was no representation for the appellant and the appellant being called and remaining absent, the counsel for the https://hcservices.ecourts.gov.in/hcservices/

respondents was present, accordingly, the Registry was directed to list the matter today, i.e., on 05.06.2018, under the caption "for dismissal".

4.Today also, when the matter is called, there is no representation for the appellant. Appellant called absent. 5.In view of the of the above position, the second appeal is dismissed for non-prosecution with costs. Consequently, connected miscellaneous petition, if any, is closed. Memorandum of Costs Respondents( )Costs Rs. P. Stamp for Vakalatnama 10. 00 Advocate's Fee on Rupees .. Translation and Printing charges Nil To be paid by the appellant to ---------- the respondent 10. 00 ---------- mfa Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Principal Subordinate Judge, Principal Subordinate Court, Erode.

2.The District Munsif cum Judicial Magistrate, District Munsif cum Judicial Magistrate Court, Perunthurai.

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

+1cc to M/s.N.Manoharan, Advocate Sr.No.35082 PPA(CO) sm:13.7.2018 S.A.No.1785 of 2004 https://hcservices.ecourts.gov.in/hcservices/