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Madras High CourtSA(MD)/455/2015dismissed for nonprosecution

M/S. Kohinoor Entgerprises & v. V.P.Balasubramani

2024-01-05Honourable Mr.Justice Mummineni Sudheer Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR M/s.Kohinoor Enterprises and Chits, Karur, rep. by its Partner, N.Dhandayutham ... Appellant -vs1.V.P.Balasubramani 2.C.Krishnakumaar .. Respondents PRAYER: The Second Appeal is filed under Section 100 C.P.C to set against the Judgment and Decree, dated 30.08.2023 in A.S.No.101 of 2012 on the file of the Principal Subordinate Judge, Karur modifying the Judgment and decree, dated 16.04.2012 in O.S.No.703 of 2007 on the file of the Principal District Munsif Court, Karur. For Appellants :

No appearance For Respondent No.2 :

Mr.Devaraj

JUDGMENT

The Second Appeal is of the year 2015. The learned counsel who originally appeared for the appellant reported "no instructions", by duly filing a memo to that effect on 05.12.2023. This Court taken note of the said memo, on 08.12.2023 ordered for printing the name of the appellant in the cause list and thereafter, the matter came up for consideration on 04.01.2024. As there was no representation for the appellant, the same was directed to be listed today under the Caption "for dismissal". Today, the appeal being listed under the caption for dismissal, there is no representation for the appellant either in the forenoon Session or in the afternoon session. In the circumstances, this Court is left with no other option except to dismiss this Second Appeal for non prosecution.

2. Accordingly, the Second Appeal is dismissed for non prosecution. No costs.

05.01.2024 Internet : Yes / No Index : Yes / No trp

To

1. The Principal Subordinate Judge, Karur.

2. The Principal District Munsif Court, Karur.

MUMMINENI SUDHEER KUMAR. J.

trp 05.01.2024