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Madras High CourtSA(MD)/521/2022dismissed for nonprosecution

Arokiyaraj, v. Azhagarsamy,

2023-04-03Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Arokiyaraj ... Appellant /Vs./ 1.Azhagarsamy Madathipathi Shree NachiappaGnanadhesigar 2.M.Maiyappan ... 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.44 of 2019, on the file of the Sub Court, Sivagangai, dated 25.03.2022 as confirmed in O.S.No.92 of 2011 on the file of the District Munsif, Sivagangai, dated 22.03.2019.

For Appellant : No appearance For Respondents : Mr.S.Muthumalairaja (R1) 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. Even on the last hearing date, ie., on 28.03.2023, there was no representation on the side of the appellant. The learned counsel appearing for the first respondent is present. 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.

03.04.2023 Index : Yes / No NCC : Yes / No Sm 2/4

TO:

1.The Sub Court, Sivagangai.

2.The District Munsif, Sivagangai.

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

3/4

ABDUL QUDDHOSE, J.

Sm Judgment made in Dated:

03.04.2023 4/4