Madras High CourtSA(MD)/435/2005dismissed for nonprosecution

Pappa v. Muthusamy

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 1.Pappa 2.Rajeswari ... Appellants/Respondents/Plaintiffs Vs.

1.Muthusamy 2.Perumal ... Respondents/Appellants/Defendants Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 16.02.2005 made in A.S.No.108 of 2004 on the file of the District Court, Karur, reversing the judgment and decree dated 25.07.2003 made in O.S.No.43 of 2000 on the file of the Sub Court, Kulithalai.

For Appellants : No appearance For Respondents : No appearance 1/4

JUDGMENT

When the matter was taken up for hearing on 12.09.2024, the learned counsel appearing for the appellants reported 'no instructions'. Hence, this Court had directed the Registry to print the name of the appellants in the cause list and thereby the matter was ordered to be listed on 13.09.2024.

2.When the matter is taken up for hearing today, even though the names of the appellants have been printed in the cause list, there was no representation on behalf of the appellants. Hence, the Second Appeal is dismissed for non-prosecution. No costs. 13.09.2024 NCC : Yes/No Index : Yes/No ps 2/4

To 1.The District Court, Karur.

2.The Sub Court, Kulithalai.

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

3/4

V.BHAVANI SUBBAROYAN, J.

ps Judgment made in 13.09.2024 4/4