Madras High CourtSA(MD)/57/2015dismissed for nonprosecution

Esthar Rani, v. E.Murugan,

2022-02-11Honourable Mrs Justice R. Tharani2 pages

S.A.(MD)No.57 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 11/02/2022

CORAM

THE HONOURABLE MRS.JUSTICE R.THARANI S.A.(MD)No.57 of 2015 and M.P.(MD)No.1 of 2015 Esthar Rani ... Appellants Vs E.Murugan ... Respondent/Respondent/ Defendant PRAYER :- The Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree passed in A.S.No.33 of 2013 on the file of the Principal Sub Court, Tenkasi dated 07.10.2014, confirming the judgment and decree passed in O.S.No.126 of 2009 on the file of the District Munsif and Judicial Magistrate Court, Shencottah, dated 10.09.2013.

For Appellants : No appearance For Respondent : Mr.A.Haja Mohideen

JUDGMENT

The learned counsel for the appellant reports no instructions on 23.07.2019. Notice to the appellant returned with an endorsement that he has gone to Japan. The appeal is pending for the past seven years. It is the duty of the appellant to be vigilant. Eventhough, the name of the appellant is printed in the cause list, none appeared for the appellant. There is no use in keeping the case pending any further.

2. In the above circumstances, this Second appeal is dismissed with liberty to the appellant to file a fresh appeal if he is so advised. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) pnn https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A.(MD)No.57 of 2015 Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized 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 Principal Subordinate Judge, Tenkasi.

2.The District Munsif Cum Judicial Magistrate, Shencottah.

Copy to The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 copies) S.A.(MD)No.57 of 2015 11.02.2022 RK(22/02/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2