Nawab Jan v. K.Manikam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2022

CORAM

THE HONOURABLE MRS. JUSTICE R.HEMALATHA S.A.No. 1781 of 2001 and C.M.P. No.18749 of 2001

1. Nawab Jan

2. M. Layakath Ali

3. K. Syed Mastan Sahib

4. A. Baba

5. A. Sheikh Hussain

6. M. Syed Ameer

7. M. Jung Bahadur

8. S.K. Dastagir ... Appellants / Defendants Cause title accepted vide order of court dated 12.10.2001 made in CMP No.15956/01.

Vs.

K. Manikam ... Respondent / Plaintiff Prayer: Second Appeal filed under Section 100 CPC against the decree and judgment dated 20.12.1999 on the file of the Principal Subordinate Judge, Salem, in A.S. No.15 of 1999, upholding the decree and judgment dated 24.09.1997 on the file of the Principal District Munsif, Salem, in O.S. No.437 of 1992. For Appellant : No appearance.

JUDGMENT

When the second appeal came up for hearing on 17.02.2022, there was no representation for the appellants and hence the Registry was directed to post the same under the caption 'for dismissal' on 18.02.2022. Today, when the matter is taken up for hearing, one Mr.K.Elumalai, Advocate, sought adjournment on behalf of the appellants. He neither has the case bundle with him nor knows the facts of the case and he is not the counsel on record.

https://hcservices.ecourts.gov.in/hcservices/

2. A perusal of the record shows that the respondent has not been served since the year 2001.

3. In view of the same, this Second Appeal is dismissed for non prosecution.

No costs.

Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar bga To

1. The Principal Subordinate Judge, Salem.

2. The Principal District Munsif, Salem.

3. The Section Officer, VR Section, High Court, Madras.

+1cc to Mr.S.B.Fazluddin, Advocate, S.R.No.11161 S.A.No. 1781 of 2001 BR[co] NSK/19/05/2022 https://hcservices.ecourts.gov.in/hcservices/