Madras High CourtSA(MD)/203/2010dismissed for nonprosecution

Dakshinamoorthy v. K.Srimathi

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

S.A(MD)No.203 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2021

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN S.A(MD)No.203 of 2010 Dakshinamoorthy ... Appellant/1st Respondent/Plaintiff Vs.

1.K.Srimathi ... 1st Respondent/Appellant/3rd Defendant 2.The Tamil Nadu Small Industries Development Corporation, Chennai, Rep. by its Managing Director, Buoxwell Road, Kathipara Junction, Chennai - 16.

3.The Tamil Nadu Small Industries Development Corporation, Industrial Estate, Thanjavur, Rep. by its Branch Manager, SIDCO Industrial Estate, Thanjavur Town and Munsif.

... Respondents 2 & 3/Respondents 2 & 3/ Defendants 1 & 2 Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 30.09.2009 passed in A.S.No.14 of 2009, on the file of the Principal Subordinate Court, Thanjavur, reversing the judgment and decree dated 22.12.2008 passed in O.S.No.42 of 2005, on the file of the District Munsif Court, Thanjavur.

For Appellant : No appearance For R - 1 : Mr.V.Chandrasekar

JUDGMENT

This Second Appeal is of the year 2010. When the matter came up for hearing on 16.12.2021, 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 addressee' and hence, he reported 'no instructions'. He also filed the returned https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A(MD)No.203 of 2010 cover alongwith the memo. 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 has been printed in the cause list, there is no representation on behalf of the appellant. Therefore, this Second Appeal is dismissed for nonprosecution. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) ps 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 Principal Subordinate Court, Thanjavur.

2.The District Munsif Court, Thanjavur.

3.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES) S.A(MD)No.203 of 2010 22.12.2021 RD(30.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2