Madras High CourtSA(MD)/724/2015dismissed for nonprosecution

Varadharajan v. Latha

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

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.724 of 2015 and M.P(MD) No.2 of 2015 Varadharajan ...Appellant/2nd Defendant vs.

1. Latha ...1st Respondent/Plaintiff

2. Karthi ...2nd Respondent/1st Defendant Second Appeal filed under Section 100 of CPC against the judgment and decree passed in A.S. No.25 of 2013 dated 20.12.2013 by the learned Principal District Judge, Thanjavur by reversing the judgment and decree passed in O.S. No.409 of 2010 dated 17.07.2013 regarding the second relief by the learned Principal Subordinate Judge, Thanjavur.

For Appellant : No apperance For Respondents : Mr. T.N.Elangoven for R2 Mr. G.Mohankumar for R1

JUDGMENT

The Second Appeal is admitted during the year 2015 and on 21.09.2021 the counsel for the petitioner is absent and the matter was ordered to be listed under the caption 'for dismissal' on 27.09.201. On 27.09.2021 this Court had directed the Registry to intimate Mr. T.N.Elangovan to appear before the Court on 29.09.2021. Despite the matter being listed on 29.09.2021, there is no representation. On 12.11.2021 the counsel for the appellant submitted that he is withdrawing the vakalat . Hence on 16.11.2021, 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.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

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 (AR(CO)) // True Copy // / /2021 Sub Assistant Registrar(CS) aav 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.

1. The Principal District Judge, Thanjavur

2. The Principal Subordinate Judge, Thanjavur. Copy to The Section Officer, V.R.Section(2C) Madurai Bench of Madras High Court, Madurai S.A.(MD) No.724 of 2015 and M.P(MD) No.2 of 2015 18.11.2021 AR(CO) KB(26.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2