Madras High CourtSA(MD)/43/2016withdrawn dismissed

K.Dharmaraj v. Vallikodi

2019-09-30Honourable Ms. Justice P.T. Asha2 pages

S.A.(MD)No.43 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2019

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA S.A.(MD)No.43 of 2016 and C.M.P(MD) No.1126 of 2016 K.Dharmaraj ... Appellant/Appellant/Plaintiff Vs.

1.Vallikodi 2.S.Rajaselvam 3.S.Madavan 4.S.Vimaladithan 5.Periyasamy 6.Sivan 7.M.Mayandi 8.M.Pandidurai 9.Arulraj 10.Usha ... Respondents/Respondents/Defendants PRAYER:- Second Appeal filed under Section 100 C.P.C., against the judgment and decree dated 20.03.2015 made in A.S.No.135 of 2013 on the file of the Sub Court, Sivagangai by confirming the judgment and decree dated 30.09.2013 made in O.S.No.207 of 2009 on the file of the District Musif Court, Sivagangai.

For Appellant : No Appearance For Respondents : No Appearance

JUDGMENT

This Second Appeal has been filed challenging the order dated 20.03.2015 made in A.S.No.135 of 2013 on the file of the Sub Court, Sivagangai by confirming the judgment and decree dated 30.09.2013 made in O.S.No.207 of 2009 on the file of the District Musif Court, Sivagangai.

2.The appellant himself has forwarded a letter, dated 19.09.2019 affixing his details like Aadhaar Card, photograph, etc., stating that he does not want to proceed further with the second appeal.

3.Today, when the matter was taken up for hearing, the erstwhile Advocate identified the appellant from the photograph, which is attached in the letter. Though the subsequent learned counsel's name has been listed, none appeared for the appellant and https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A.(MD)No.43 of 2016 hence, the matter was passed over. However, when the matter was taken up for second time, no one appeared.

4.In view of the above, the letter of the appellant is taken on file. The Second Appeal is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) gns To 1.The Sub Judge, Sivagangai.

2.The District Musif Court, Sivagangai.

S.A.(MD)No.43 of 2016 30.09.2019 KK/SAR/04.11.2019/2P-3C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2