Madras High CourtSA(MD)/1211/2005dismissed for nonprosecution

Balasubramanian v. Gunasekaran

2023-09-05Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2023

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY 1.Balasubramanian 2.B.Chandra ...Appellants vs.

Gunasekaran ... Respondent Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 28.03.2005 in A.S.No. 23 of 2004 on the file of the Sub Court, Pattukkottai confirming the Judgment and Decree dated 20.02.2004 in O.S.No.137 of 1999 on the file of the District Munsif cum Judicial Magistrate, Orathanadu. For Appellants :

Mr.R.Sundar Srinivasan For Respondent :

No appearance

JUDGMENT

The learned counsel appearing for the appellants would submit that he has sent a communication to the appellants on 29.08.2023, however, there is no response from their side. Therefore, he reported 'no instructions'. He has also filed a Memo dated 05.09.2023 to that effect. Memo dated 05.09.2023 is hereby recorded.

2. The appellants have neither responded to the communication sent by the counsel nor tried to contact the counsel, which shows that they are not interested to prosecute the appeal. In view of the same, the Second Appeal is dismissed for non-prosecution. No costs. 05.09.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To 1.The Sub Judge, Pattukkottai 2.The District Munsif cum Judicial Magistrate, Orathanadu 3.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

KRISHNAN RAMASAMY , J.

mbi 05.09.2023