Dharmalingam v. Veeramuthu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR SA.No.235 of 2016 and CMP(MD).No.3367 of 2016 Dharmalingam : Appellant -vsVeeramuthu : Respondent PRAYER: The Second Appeal is filed under Section 100 C.P.C to set aside the Judgment and Decree, dated 30.06.2015 in A.S.No.11 of 2014 passed by the Principal Subordinate Judge, Kumbakonam confirming the Judgment and decree, dated 17.01.2014 made in O.S.No.15 of 2010 passed by the learned Principal District Munsif, Kumbakonam. For Appellants :

No appearance For respondent :

Mr.B. Anandha

JUDGMENT

This Second Appeal is filed by the first defendant against the concurrent findings recorded by the Courts below. This matter earlier came up for consideration on 11.01.2024. As there was no representation for the appellant, the same was directed to be listed on 23.01.2024. Even on 23.01.2024 there was no representation for the appellant and hence, the matter was directed to be listed today under the caption for dismissal. Today, in spite of the matter being listed under the caption for dismissal, there is no representation for the appellant in the pre lunch or during post lunch session.

2. In the circumstances, this Court is left with no other option except to dismiss this appeal for non prosecution. Accordingly, the Second Appeal is dismissed for non prosecution. No costs. Consequently, the connected Miscellaneous Petition is closed.

29.01.2024 Internet : Yes / No Index : Yes / No trp

To

1. The Principal Subordinate Judge, Kumbakonam.

2. The Principal District Munsif, Kumbakonam.

MUMMINENI SUDHEER KUMAR. J.

trp SA.No.235 of 2016 and CMP(MD).No.3367 of 2016 29.01.2024