T.Krishna Swamy v. Usha Kanagasabapathi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY T.Krishna Swamy ... Appellant Vs.

1.Usha Kanagasabapathi 2.Muthaiah ... Respondents PRAYER: The Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree in A.S.No.128 of 2005, dated 10.04.2005 on the file of the I Additional Subordinate Judge, Nagercoil, confirming the judgment and decree in O.S.No.172 of 1999, dated 22.12.2004 on the file of the II Additional District Munsif, Nagercoil.

For Appellant : Mr.C.T.Perumal For Respondent : Mr.R.Murugan 1/4

J U D G M E N T

The learned counsel appearing for the appellant would submit that he has returned the bundle long back. However, the matter was listed on 27.07.2023, with the name of the counsel for the appellant. Therefore, he has sent a letter to the appellant on 31.07.2023, to get instructions. The said letter was received on 01.08.2023 by the appellant. Even after receipt of the same, he has not turned up.

2. In view of the above, the Second Appeal is dismissed for nonprosecution. No costs. Consequently, the connected Miscellaneous Petition is closed.

10.08.2023 akv To 1.The I Additional Subordinate Judge, Nagercoil.

2.The II Additional District Munsif, Nagercoil.

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3.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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KRISHNAN RAMASAMY ,J.

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