Madras High CourtSA(MD)/292/2021dismissed for nonprosecution

Chellaiah, v. Karuppaiah

2023-12-06Honourable Mr Justice G. Chandrasekharan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN S.A(MD)NO.292 OF 2021 Chellaiah :Appellant/Appellant/Plaintiff .vs.

1.Karuppaiah 2.Susceela :Respondents/Respondents/ Defendants PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.27 of 2019, dated 14.2.2020, on the file of Sub-Court, Aranthangi confirming the judgment and decree made in O.S.No.56 of 2014, dated 18.11.2018, on the file of District Munsif Court, Aranthangi. For Appellant :No appearance For Respondents :Mr.N.Balakrishnan 1 and 2

JUDGMENT

********* The appellant filed a suit for declaration and injunction. The suit was dismissed by the trial Court and confirmed by the First Appellate Court. Against the judgments of the Courts below, the Second Appeal is filed. Despite giving opportunities, the appellant is

not ready in making his submissions for the admission of this Second Appeal. There was no representation for the appellant on 27.11.2023 and therefore, the Second Appeal was ordered to be listed under the caption ''for dismissal'' today. Accordingly, this Second Appeal is listed under the caption ''for dismissal'' today. Today also, there is no representation for the appellant. The learned counsel for the respondents 1 and 2 present. 2.In the said circumstances, the Second Appeal is dismissed for non-prosecution. No costs.

06.12.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.The Sub-Judge, Aranthangi.

2.The District Munsif, Aranthangi.

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

G.CHANDRASEKHARAN,J.

vsn JUDGMENT MADE IN S.A(MD)NO.292 of 2021 06.12.2023