← Library
Madras High CourtSA(MD)/363/2017dismissed for nonprosecution

S.Chandran, v. N.Jeganathan,

2023-03-30Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A.(MD)No.363 of 2017 S.Chandran .... Appellant/Respondent/Defendant Vs.

N.Jeganathan ... Respondent/Respondent/Plaintiff Prayer : Second Appeal is filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 04.11.2016 passed in A.S.No.3 of 2016 on the file of the Additional District Court, Virudhunagar confirming the judgment and decree dated 03.11.2015 passed in O.S.No.56 of 2012 on the file of the Subordinate Court, Virudhunagar. For Appellant : No appearance

J U D G M E N T

The matter is listed today under the caption 'for dismissal'. There is no representation on the side of the appellant once again. This Court earlier recorded a memo filed by the learned counsel for the appellant that he is reporting no instruction in this matter. This Court directed the Registry to issue notice to the appellant to give one more opportunity to the appellant informing him about the next hearing date as 17.03.2023. 1/3

2. As directed by this Court, the Registry sent a notice to the appellant informing him about the next hearing date as 17.03.2023. Notice was sent by the Registry to the address given by the appellant which is disclosed in the cause title. However, notice sent by the Registry was returned with the endorsement 'left'.

3. Thereafter on 20.03.2023, this Court directed the Registry to print the name of the appellant and post the matter under the caption 'for dismissal' on 30.03.203 i.e today. Till date, the appellant has not engaged any new counsel on his behalf and has also not appeared before this Court today in person. It can now be inferred that the appellant is not interested in prosecuting this Second Appeal. Accordingly, this Second Appeal is dismissed for non-prosecution. No costs.

30.03.2023 Index : Yes/No Internet: Yes/No CMTo, 1.The Additional District Court, Virudhunagar

2. The Subordinate Court, Virudhunagar.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 2/3

ABDUL QUDDHOSE, J.

CM S.A.(MD)No.363 of 2017 30.03.2023 3/3