Madras High CourtCMA(MD)/311/2013dismissed

P.Manickavasagam, v. Selvaraj,

2021-08-05Honourable Mrs Justice R. Tharani2 pages

C.M.A.(MD)No.311 of 2013 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :05.08.2021

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI C.M.A.(MD)No.311 of 2013 and M.P.No.1 of 2013 P.Manickavasagam ... Appellant Vs.

1.Selvaraj 2.S.Selvam ... Respondents Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the judgment and decree dated 23.11.2007, passed in M.C.O.P.No.296 of 2006 on the file of the Motor Accident Claims Tribunal cum Sub Court, Kuzhithalai. For Appellant : No Appearance For 1st Respondent : Mr.N.Suresh For 2nd Respondent : Died vide Court order dated 22.07.2021

JUDGMENT

When the matter was taken up for hearing on 22.03.2021, it is represented by the learned counsel for the appellant that there was no instructions from the client and he has filed a memo to that effect and the same was recorded. On 08.04.2021, the Registry was directed to print the name of the appellant. On 22.03.2021, the Registry was directed to issue notice to the appellant and a notice was also issued and served upon the appellant on 07.04.2021. Today, when the case was taken up for hearing, though the name of the appellant was printed in the cause list, there is no representation for the appellant. There is no use in keeping the appeal pending any further. Hence, this Civil Miscellaneous Appeal is dismissed for default. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.A.(MD)No.311 of 2013 Note : In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. To 1.The Motor Accident Claims Tribunal cum Sub Judge, Karur.

2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) C.M.A.(MD)No.311 of 2013 05.08.2021 RS (17.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2