Madras High CourtSA(MD)/174/2017dismissed for default

Sivanu Devar v. Shanmuganathan

2022-03-10Honourable Mrs Justice R. Tharani2 pages

S.A(MD)No.174 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2022

CORAM:

THE HON'BLE MRS.JUSTICE R.THARANI S.A(MD)No.174 of 2017 Sivanu Devar ...Defendant/Appellant/Appellant Vs.

Shanmuganathan ...Plaintiff/Respondent/Respondent PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree dated 22.06.2016 passed in A.S.No.20 of 2015, by the Principle District Judge, Tirunelveli, in and by which the judgment and decree dated 30.11.2009 passed in O.S.No.145 of 1992 by the Principal Sub Judge, Tirunelveli.

For Appellant : No appearance For Respondent : Mr.R.Subramanian for Mr.N.C.Ashok Kumar

JUDGMENT

This appeal is pending from the year 2017. When the case was listed before this Court on 09.02.2022, 16.02.2022 and 01.03.2022, the learned counsel for the respondent was ready and there was no representation on the side of the appellant. On 01.03.2022 there was no representation on the side of the appellant and hence, the case was directed to be listed on 10.03.2022 under the caption "for argument or for orders".

2.Even today ie., on 10.03.2022, there is no representation on the side of the appellant, which shows that the appellant has not shown any interest to prosecute the appeal and there is no use in keeping the appeal pending any further.

3. In view of the above, this Second Appeal is dismissed for default. No costs.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A(MD)No.174 of 2017 Ns To 1.The Principle District Judge, Tirunelveli.

2.The Principal Sub Judge, Tirunelveli.

3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1 CC to M/s.N.C.ASHOKKUMAR, Advocate ( SR-11667[F] dated 11/03/2022 ) S.A(MD)No.174 of 2017 10.03.2022 SB(CO) TR(28.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2