Madras High CourtSA(MD)/614/2011dismissed for nonprosecution

Murugesan v. Kalyani

2017-02-03Honourable Mr Justice M.Duraiswamy1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY S.A.(MD)No.614 of 2011 Murugesan .. Appellant/Appellant/Defendant Vs.

Kalyani .. Respondent/Respondent/Plaintiff Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 14.12.2010 passed in the appeal in A.S.No.42 of 2009, on the file of the Subordinate Court, Sivagangai confirming the judgment and decree dated 10.06.2009, passed in the suit in O.S.No.61 of 2008 on the file of the District Munsif Court, Sivagangai. For Appellant : No Appearance For Respondent : No Appearance * * * * *

JUDGMENT

When the matter was listed for hearing on 01.02.2017, the learned Counsel appearing for the appellant filed a memo reporting no instructions. In view of the same, the Registry was directed to print the name of the appellant and post the matter on 02.02.2017. Though the appellant's name was printed in the cause list on 02.02.2017, none appeared for the appellant. In these circumstances, the Registry was directed to list the matter under the caption "for dismissal" on 03.02.2017.

2. Today also there was no representation on behalf of the appellant. Hence, this Court has no other option except to dismiss the Second Appeal for non-prosecution. Accordingly, the Second Appeal stands dismissed for non-prosecution. There shall be no order as to costs.

Sd/- Assistant Registrar(C) /TRUE COPY/ Sub Assistant Registrar To

1. The Subordinate Court, Sivagangai.

2. The District Munsif Court, Sivagangai copy to The Section Officer, V.R.Section, Madurai Bench Of Madras High Court, Madurai.

Ssl sva/skn/13.02.2017/1p/4c S.A.(MD)No.614 of 2011 03.02.2017 https://hcservices.ecourts.gov.in/hcservices/