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Madras High CourtSA(MD)/582/2005dismissed for nonprosecution

Ponnaiyan Nadar v. Ambrose

2024-03-07Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE P.VADAMALAI S.A(MD).No.582 of 2005 1.Ponnaiyan Nadar 2.Chellam Nadar 3.Swaminathan 4.Anbayyan 5.Nainar 6.Vasanthi 7.Dharmaraj ... Appellants Vs.

1.Ambrose 2.Ramaswamy 3.Kumaresan ... Respondents PRAYER : Second Appeal filed under Section 100 of Code of Civil Procedure, against the judgment and decree of the learned II Additional Subordinate Judge, Kuzhithurai in A.S.No.25 of 1997 dated 27.06.2002 pursuant to the judgment and decree dated 18.07.1996 in O.S.No.202 of 1979 on the file of the Additional District Munsif, Kuzhithurai. For Appellant : No appearance For R1 : Mr.J.Anandhavalli 1/4

JUDGMENT

When the matter was taken up for hearing on 28.02.2024, the learned counsel for the appellants reported "No Instruction". Therefore, this Court directed the Registry to print the name of the appellants in the cause list and posted the matter on 04.03.2024. Thereafter, the matter was taken up for hearing on 04.03.2024. On the said date, even after printing the name of the appellants, there was no representation for the appellants. Hence the matter was posted on 07.03.2024 under the caption "for dismissal". Even today, there is no representation on the side of the appellants.

2. The learned counsel for the first respondent is present before this Court.

3. In view of the above, this Second Appeal is dismissed for nonprosecution. No Costs. 07.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No tta 2/4

To 1.The II Additional Subordinate Judge, Kuzhithurai.

2. The Additional District Munsif, Kuzhithurai.

2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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P.VADAMALAI, J.

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