Madras High CourtSA(MD)/969/2010dismissed for nonprosecution

M.Chinnan v. Rasu

2022-02-14Honourable Mr Justice G.R.Swaminathan2 pages

S.A.(MD)No.969 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD)No.969 of 2010 M.Chinnan ... Appellant/Appellant/Plaintiff Vs.

1.Rasu 2.Pandi 3.Mokkaiyan ... Respondents/Respondents 2 to 4/ Defendants 2 to 4.

Prayer : Second Appeal filed under Section 100 of Civil Procedure Code, against the negatived portion of judgment and decree dated 29.04.2010 passed in A.S.No.181 of 2009 on the file of the III Additional Subordinate Judge, Madurai, Camp at Subordinate Court, Usilampatti, confirming the judgment and decree dated 11.09.2009 passed in O.S.No.131 of 2000 on the file of the District Munsif Cum Judicial Magistrate No.I, Usilampatti.

For Appellant : No appearance For Respondents : No appearance JUDGEMENT When the second appeal was taken up for hearing on 11.02.2022, there was no representation for the appellant. Therefore, the case was adjourned to 14.02.2022 to be listed under the caption "for dismissal". Today, ie., 14.02.2022, when the case was taken up for hearing, there was no representation for the appellant. Hence, this second appeal is dismissed for non-prosecution. The Registry shall not entertain any petition for restoration unless the appellant remits a sum of Rs.10,000/- as costs payable to High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai. No costs.

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

S.A.(MD)No.969 of 2010 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 III Additional Sub Judge, Madurai.

2.The Subordinate Judge, Usilampatti.

3.The District Munsif Cum Judicial Magistrate No.I, Usilampatti.

Copy to:

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

2.The Section Officer, A.E. Section, Madurai Bench of Madras High Court, Madurai.

S.A.(MD)No.969 of 2010 14.02.2022 MGJ(15.03.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2