Madras High CourtSA(MD)/7/2012dismissed for nonprosecution

R.Nagarajan v. D.Mathiyazhagan

2021-12-09Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

S.A(MD)No.7 of 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2021

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN S.A(MD)No.7 of 2012 1.R.Nagarajan 2.M.Ramuthevar 3.Mariammal ... Appellants/Appellants/Defendants Vs.

1.D.Mathiyazhagan 2.D.Rajendran 3.D.Thennarasu ... Respondents/Respondents/Plaintiffs Prayer : Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 04.06.2010 passed in A.S.No.52 of 2009, on the file of the Subordinate Court, Ramanathapuram, confirming the judgment and decree, dated 18.09.2009 passed in O.S.No.275 of 1995 on the file of the District Munsif cum Judicial Magistrate Court, Thiruvadanai.

For Appellants : No Appearance For Respondents : Mr.S.A.Ajmalkhan

JUDGMENT

When the matter was taken up for hearing on 30.11.2021, even though this Court is not inclined to grant permission for taking steps, as there was a delay of eight years, learned counsel for the appellants seeks short accommodation for taking steps, thereby the matter was listed on 07.12.2021 for taking steps. On 07.12.2021, there was no representation on behalf of the appellants, thereby the matter was directed to be listed today under the caption 'for dismissal'.

2. Even today (09.12.2021), there is no representation for the appellants. The Second Appeal is of the year 2012. When the matter is taken up for hearing, there is no representation on behalf of the appellants and the same clearly indicates that the appellants have not shown any interest to prosecute the appeal any further. Hence, the Second Appeal is dismissed for non-prosecution. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) rm https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A(MD)No.7 of 2012 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 Subordinate Judge, Ramanathapuram.

2.The District Munsif cum Judicial Magistrate, Thiruvadanai.

3.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 copies) S.A(MD)No.7 of 2012 09.12.2021 RK(20/12/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2