Madras High CourtSA(MD)/242/2022dismissed for nonprosecution

Chellathurai v. Govindan

2023-03-20Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and C.M.P.(MD)Nos.3147 & 3148 of 2022 Chellathurai ... Appellant /Vs./ Govindan ... Respondent P RAYER : Second Appeal filed under Section 100 of the Civil Procedure Code to set aside the judgment and decree passed in A.S.No.28 of 2016, on the file of the Subordinate Judge, Pattukottai, Thanjavur District, dated 20.06.2019 confirming the decree and judgment passed in O.S.No. 145 of 2013 on the file of the District Munsif, Pattukottai, Thanjavur District, dated 30.09.2019 by allowing this Appeal. For Appellant : No appearance For Respondent : Mr.D.Senthil 1/4

JUDGMENT

This matter is listed under the caption 'For Dismissal' today. There is no representation on the side of the appellant once again.

2. Even on the last hearing date, ie., on 10.03.2023, there was no representation on the side of the appellant. The learned counsel appearing for the respondent is present. The appellant has challenged the concurrent findings of the Courts below. It can now be inferred that the appellant is not interested in prosecuting the Second Appeal. Accordingly, this Second Appeal is dismissed for non-prosecution. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

20.03.2023 Index : Yes / No NCC : Yes / No Sm 2/4

TO:

1.The Subordinate Judge, Pattukottai, Thanjavur District. 2.The District Munsif, Pattukottai, Thanjavur District. 3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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ABDUL QUDDHOSE, J.

Sm Judgment made in Dated:

20.03.2023 4/4