Murugesan v. Santhanam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR S.A.NO.865 OF 2021 & C.M.P.NO.16506 OF 2021 [Physical Hearing]

1. Murugesan

2. Velu ... Appellants/Appellants/ Defendants .Vs.

1. Santhanam

2. Sekar ... Respondents/Respondents/ Plaintiffs PRAYER:- Second Appeal preferred under 100 of CPC to set aside the decree and judgment on the file of the learned Subordinate Judge, Madurantakam made in A.S.No.16 of 2015 dated 27.04.2021 dismissing the appeal, confirming the judgment and decree on the file of the learned District Munsif, Madurantakam made in O.S.No.39 of 2013 dated 21.03.2014.

For Appellants :

No appearance

JUDGMENT

(1) When the matter was listed earlier on 07.02.2022, there was no representation for the appellants. Hence, this Court directed the matter to be listed under the caption ''For Dismissal'' on 09.02.2022.

(2) Despite the matter appeared in the list under the caption ''For Dismissal'' on 09.02.2022, the learned counsel for the appellants wanted an adjournment as he was not ready with the Second Appeal. In order to give one more https://hcservices.ecourts.gov.in/hcservices/

opportunity to the appellants, the matter was directed to be posted on 10.02.2022 [today]. However, it was made clear that the matter would be listed under the same caption.

(3) When the matter is taken up today, there is no representation for the appellants. Hence, this Court is left with no other option, except to dismiss the Appeal for non prosecution.

(4) Hence, the Second Appeal stands dismissed for non prosecution.

No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar AP To 1.

The Subordinate Judge, Madurantakam.

2.

The District Munsif, Madurantakam.

Copy To:- The Section Officer, V.R. Section, High Court, Chennai.

S.A.NO.865 OF 2021 AD(CO) PBS/18/02/2022 https://hcservices.ecourts.gov.in/hcservices/