Madras High CourtCMSA/47/2001dismissed for nonprosecution

Alavandar v. Muthusamy

2017-01-27Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2017 C O R A M THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA C.M.S.A.Nos.47 of 2001 and 2 of 2002 Alavandar .. Appellant in both C.M.S.As -Vs.-

1. Muthusamy

2. Pazhaniammal

3. Lakshmi

4. Alamelu .. Respondents in C.M.S.A.No.47 of 2001

1. Muthayee Ammal

2. Pazhaniammal

3. Lakshmi

4. Alamelu

...Respondents in C.M.S.A.No.2 of 2002

Civil Miscellaneous Second Appeals filed Under 21 Rule 38(4) read with 100 C.P.C against the order and decree dated 28.02.2001 made in C.M.A.No.63 of 1996 and C.M.A.No.62 of 1996 conforming the judgement and decree on the file of Sub Court, Namakkal in REA.No.1088 of 1989 and R.E.A.No.788 of 1988 in REP.No.503 of 1984 and R.E.P.No.319 of 1985 in O.S.No.1329 of 1970 and O.S.No.1324 of 1970 on the file of Additional District Munsif Court, Namakkal to set aside the same.

For Appellant ... No Appearance For Respondents-1 &3 ... Dismissed vide order dated 01.12.2003 For Respondents-2&4 ... Served - No Appearance

O R D E R

When the matters came up for hearing on 06.01.2017, there was no representation for the appellant. Hence, the matters were directed to be listed on 20.01.2017 under the caption 'for dismissal'. Even when the matters were listed on 20.01.2017, there was no representation for the appellant. Hence, the Registry was directed to list the matters on 27.01.2017 under the same caption 'for dismissal'. 2.

Even today, when the matters are taken up for hearing, there is no representation for the appellant either in person or through counsel. Hence, the Civil Miscellaneous Second Appeals are dismissed for nonprosecution. No costs. 27.01.2017 srn

1. The Sub Court, Namakkal

2. The Additional District Munsif Court, Namakkal

PUSHPA SATHYANARAYANA.J srn C.M.S.A.Nos.47 of 2001 and 2 of 2002 27.01.2017 http://www.judis.nic.in