Selva Finance v. Vijayan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2022

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH and M.P.No.1 of 2014

1. Selva Finance, Nagapattinam By its Proprietor Selvaraj having office at Neela Keezha Veethi, Nagapattinam District.

2. Karuppu Thever ... Appellants Vs

1. Vijayan

2. Executive Officer, Kayarohana Swami and Arulmigu Neelayathachi Amman Temple, Premises at Nagapattinam Town, Nagapattinam.

... Respondents PRAYER: Second Appeal filed under Section 100 of C.P.C., against the Judgment and Decree dated 30.01.2013 in A.S.No.33 of 2012 on the file of the Subordinate Judge, Nagapattinam, reversing the Judgment and Decree dated 13.03.2012 in O.S.No.178 of 2011 on the file of the District Munsif, Nagapattinam.

For Appellants : No appearance 1/4

JUDGMENT

This Court passed the following order on 02.03.2022 : "The learned counsel for the appellants submitted that the bundles were taken away from them by the Lower Court counsel in the year 2019 itself and the counsel on record is no more appearing in the second appeal. The learned counsel further submitted that the listing of the second appeal was also informed to the Lower Court counsel.

2. The second appeal pertains to the year 2014 and if the appellants wanted to change their counsel, they should have done it atleast after taking the bundles in the year 2019. Till today, the appellants have not engaged any counsel.

3. In view of the above, the name of the appellants shall be printed in the cause list and this case shall be posted under the same caption on 09.03.2022."

Even today the appellants have not engaged any counsel nor have they appeared in person.

2. In view of the same, this second appeal is dismissed for non-prosecution. Consequently connected miscellaneous petition is closed. No costs.

09.03.2022 Index :Yes/No Internet :Yes/No Lpp 2/4

To 1.The Subordinate Judge, Nagapattinam.

2.The District Munsif, Nagapattinam.

N. ANAND VENKATESH, J.

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