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Madras High CourtSA(MD)/583/2022dismissed for nonprosecution

Govindan, v. Rajendran

2023-04-28Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Govindan ... Appellant /Vs./ 1.Rajendran 2.Paramasivam 3.Karuppaiah ... Respondents P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code to set aside the judgment and decree passed in A.S.No.169 of 2018, on the file of the Additional Sub Court, Tiruchirappalli, dated 19.03.2021 confirming the judgment and decree passed in O.S.No.249 of 2010 on the file of the District Munsif Court, Lalgudi, dated 27.02.2018 and dismiss the suit in its entirety.

For Appellant : No appearance 1/4

JUDGMENT

This matter is listed under the caption 'For Dismissal' today. There is no representation on the side of the appellant once again. This matter is listed before me for the fourth time.

2. Even on the last hearing date, ie., on 24.04.2023, this Court recorded the fact that the learned counsel appearing for the appellant has been repeatedly seeking adjournments and only on the said ground, this matter has been listed under the caption 'For Dismissal' today. Since there is no representation on the side of the appellant, it can now be inferred that the appellant is not interested in prosecuting the Second Appeal. Accordingly, this Second Appeal is dismissed for nonprosecution. There shall be no order as to costs. 28.04.2023 Index : Yes / No NCC : Yes / No Sm 2/4

TO:

1.The Additional Sub Court, Tiruchirappalli.

2.The District Munsif Court, Lalgudi.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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ABDUL QUDDHOSE, J.

Sm Judgment made in Dated:

28.04.2023 4/4