Madras High CourtSA(MD)/530/2015dismissed for nonprosecution

Marialikala v. Sankaralingam

2021-11-18Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

S.A.(MD) No.530 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 18.11.2021

CORAM

THE HON'BLE MRS.JUSTICE V. BHAVANI SUBBAROYAN S.A.(MD) No.530 of 2015 and M.P(MD) No.1 of 2015 Marialikala ...Appellant/Appellant/Defendant vs.

Sankaralingam ... Respondent/Respondent/Plaintiff Second Appeal filed under Section 100 of CPC against the judgment and decree dated 14.07.2014 made in A.S.No.14 of 2014 on the file of the Additional District Judge, Thoothukudi confirming the judgment and decree dated 04.09.2013 made in O.S. No.218 of 2011 on the file of the Subordinate Judge, Thoothukudi. For Appellant : No apperance For Respondents : Mr. R.T.Arivukumar

JUDGMENT

When the matter is taken up for hearing on 22.09.2021, the learned counsel for the appellant would submit that he has no instructions from the client, hence the matter was posted to 29.09.2021. Again when the matter was posted on 12.11.2021, the learned counsel for the appellant reported no instructions. Hence this Court had directed the Registry to print the name of the appellant in the cause list and post the matter on 17.11.2021.

2. When the matter came up for hearing on 17.11.2021, there was no representation on behalf of the appellant, thereby the matter was ordered to be listed under the caption 'for dismissal' on 19.11.2021.

3. Even today (19.11.2021), there is no representation for the appellant. Hence the matter is dismissed for non prosecution. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) aav https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A.(MD) No.530 of 2015 Note: In view of the present lock down owing to COVID 19 pandemic, a web copy of the order may be utilised for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The Additional District Judge, Thoothukudi.

2.The Subordinate Judge, Thoothukudi.

COPY TO:- The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) (for returning records) +1 CC to M/s.R.T. ARIVUKUMAR, Advocate (SR-35015[F] dated 18/11/2021) S.A.(MD) No.530 of 2015 and M.P(MD) No.1 of 2015 18.11.2021 AR(CO) GC(26.11.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2