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Madras High CourtSA(MD)/560/2009dismissed for default

Kakkumani Ethiraj Valli v. Srinivasa Raghava Bhatter

2021-12-22Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

S.A(MD)No.560 of 2009 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2021

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN S.A(MD)No.560 of 2009 Kakkumani Ethiraj Valli, Thayaramma Chultry, Through its Trustee, N.Renganatha Gupta ... Appellant/Respondent/Plaintiff (Appellant is substituted vide order dated 27.08.2020 made in M.P(MD)No.1 of 2015) Vs.

Srinivasa Raghava Bhatter ... Respondent/Appellant/Defendant Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 19.08.2008 passed in A.S.No.111 of 2007, on the file of the I Additional Subordinate Court, Tiruchirappalli, reversing the judgment and decree dated 12.12.2006 passed in O.S.No.389 of 1999, on the file of the I Additional District Munsif Court, Tiruchirappalli. For Appellant : No appearance For R - 1 : No appearance

JUDGMENT

This Second Appeal is of the year 2009. When the matter came up for hearing on 21.12.2021, the learned counsel appearing for the appellant filed a memo stating that the registered letter sent to the appellant was returned with an endorsement 'No such person' and hence, he reported 'no instructions'. Considering the memo filed by the learned counsel for the appellant, this Court directed the Registry to print the name of the appellant and posted the matter on 22.12.2021.

2.Even today, though the name of the appellant and the respondent have been printed in the cause list, there is no representation on behalf of the appellant and the respondent. Therefore, this Second Appeal is dismissed for non-prosecution. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) ps https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A(MD)No.560 of 2009 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 I Additional Subordinate Judge, Tiruchirappalli.

2. The I Additional District Munsif, Tiruchirappalli.

Copy to :

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

Judgment made in S.A(MD)No.560 of 2009 22.12.2021 USK (05.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2