Madras High CourtSA(MD)/453/2006dismissed for nonprosecution

V.Ramasamy v. Krishnan

2024-09-13Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN S.A(MD)No.453 of 2006 V.Ramasamy ... Appellant Vs.

Krishnan ... Respondent Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree made in A.S.No.85 of 2003, dated 20.04.2004, on the file of the Principal Sub-Court, Tenkasi reversing the judgment and decree made in O.S.No.101 of 2001, dated 11.08.2003 on the file of the Principal District Munsif, Tenkasi. S.A(MD)No.454 of 2006 V.Ramasamy ... Appellant Vs.

Krishnan ... Respondent Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree made in A.S.No.27 of 2004, dated 20.04.2004, on the file of the Principal Sub-Court, Tenkasi confirming the judgment and decree made in O.S.No.101 of 2001 dated 11.08.2003, on the file of the Principal District Munsif, Tenkasi. 1/4

For Appellant : No appearance (in both appeals) For Respondent : No appearance (in both appeals)

JUDGMENT

When the matters were taken up for hearing on 30.08.2024, the learned counsel appearing for the appellant filed a memo stating that the letter sent to the appellant has been returned with an endorsement 'insufficient address' and reported 'no instructions'. Hence, this Court directed the Registry to print the name of the appellant in the cause list and directed to list the matters on 13.09.2024.

2.When the matters are taken up for hearing today, even though the name of the appellant has been printed in the cause list, there is no representation on behalf of the appellant and the same clearly indicates that the appellant has not shown any interest to prosecute the appeals any further. There is no representation for the respondent. Hence, these Second Appeal are dismissed for non-prosecution. No costs. 13.09.2024 NCC : Yes/No Index : Yes/No am 2/4

To 1.The Principal Sub-Court, Tenkasi.

2.The Principal District Munsif, Tenkasi.

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

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V.BHAVANI SUBBAROYAN, J.

am Judgment made in 13.09.2024 4/4