Neduncheziyan v. Durairajan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2023

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE and C.M.P.(MD).No.4873 of 2020 Nedunchezhiyan ...Appellant/Appellant/Plaintiff Vs.

1.Durairajan 2.Chithra

...Respondents/Respondents/Defendants

Prayer: Second Appeal is filed under Section 100 of CPC to set aside the judgment and decree dated 17.07.2020 passed in A.S.No.50 of 2019 on the file of the Hon'ble Additional Sub Judge, Kumbakonam confirming the judgment and decree dated 15.11.2018 passed in O.S.No.412 of 2012 on the file of the learned Principal District Munsif Judge, Kumbakonam. For Appellant : No appearance For Respondents : Mr.P.Thiyagarajan 1/4

JUDGMENT

The matter is listed under the caption "for dismissal" today. The learned counsel for the respondents is present. On the last hearing date on 21.06.2023, the learned counsel for the appellant had reported no instructions and this Court had directed the Registry to print the name of the sole appellant in the cause list on the next hearing date, i.e., today. Earlier, the learned counsel for the appellant had sought several adjournments and only thereafter had reported no instructions. As directed by this Court in its earlier order, the name of the sole appellant is printed in the cause list today and the matter is also listed under the caption "for dismissal". However, there is no representation on the side of the appellant. It can now be inferred that the appellant is not interested in prosecuting this Second Appeal. Accordingly, this Second Appeal is dismissed for non-prosecution. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed. 23.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm 2/4

To 1.The Additional Sub Court, Kumbakonam.

2.The Principal District Munsif Court, Kumbakonam.

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

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ABDUL QUDDHOSE , J.

Lm 23.06.2023 4/4