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Madras High CourtSA(MD)/503/2009dismissed for default

M.Samuthravel v. Srinivasan

2024-08-02Honourable Mr Justice S. Sounthar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.A. (MD) No.503 of 2009 M.Samuthravel ... Appellant -vs1.Srinivasan 2.K.Manoharan 3.K.Ganesan ... Respondents PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 23.01.2008, passed in A.S.No.75 of 2006 on the file of Subordinate Judge, Srivilliputhur, confirming the judgment and decree, dated 05.01.2006, passed in O.S.No.13 of 2002 on the file of Additional District Munsif, Srivilliputhur. For Appellant :

Mr.G.Thalaimutharasu For Respondents : No appearance

JUDGMENT

1. The matter was adjourned at the request of counsel for appellant on 26.6.2024 and 10.07.2024.

2. When the Second Appeal was taken up for hearing on 30.07.2024, there was no representation for the appellant in the forenoon as well as in the afternoon. Hence, in order to give an opportunity to the appellant, the Registry was directed to list the matter under the caption ''for dismissal'' today.

3. Today, the learned counsel for the appellant appeared before the Court and stated that he was not ready to get along with the matter. Since the appellant is not ready to argue the matter, taking into consideration sufficient opportunity was given to appellant to argue the matter, the Second Appeal is dismissed for default. No costs.

02.08.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit

To:

1.Subordinate Judge, Srivilliputhur.

2.Additional District Munsif, Srivilliputhur.

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

S.SOUNTHAR, J.

dixit 02.08.2024