Palaniammal v. Muthu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and M.P(MD) No.2 of 2007 Palaniammal ...Appellant -Vs1.Muthu 2.Nainar Mohamed ... Respondents PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree passed in A.S.No.337 of 2004 dated 18.07.2006, on the file of the Sub Court, Dindigul, reversing the decree and judgment dated 30.04.2004 passed in O.S.No.151 of 2002 on the file of the District Munsif Court, Nilakkottai.

For Appellant : No appearance For R2 : Mr.B.Sukumar For R1 : No appearance 1/4

JUDGMENT

When the second appeal was taken up for hearing on 18.04.2024, the learned counsel for the appellant submitted that he had handed over the papers to his client along with his consent for change of vakalat and he has also made an endorsement to that effect in the Court bundle. Recording the same, the Registry was directed to list the matter today (i.e.,) 23.04.2024 under the caption 'for dismissal' by printing the name of the appellant.

2. Today, the second appeal is listed under the caption 'for dismissal' by printing the name of the appellant. There is no representation for the appellant. Hence, the Second Appeal is dismissed for default. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 23.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No cp 2/4

To 1.The Subordinate Judge, Dindigul.

2.The District Munsif, Nilakkottai.

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

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S.SOUNTHAR , J.

cp 23.04.2024 4/4