Muthaiyah v. Angamuthu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR S.A.(MD)No.103 of 2013 1.Muthaiyah 2.Devaraj : Appellants -Vs1.Angamuthu 2.Padmavathy : Respondents PRAYER: Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 22.12.2011, in A.S.No.278 of 2007, on the file of I Additional Subordinate Judge, Tiruchirappalli, confirming the judgment and decree dated 27.06.2007, in O.S.No.124 of 2004, on the file of the District Munsif Court-cum-Judicial Magistrate, Lalgudy. For Appellants : No Appearance For R1 : Mr.M.Saravanan For R2 : Mr.R.Srinivasan

JUDGMENT

When the matter was listed earlier on 06.04.2018, there was no representation for the appellant. Hence, the matter was directed to be posted on 13.04.2018. However, on 13.04.2017, at request, the matter was adjourned by a week. Thereafter, the matter was listed on 20.04.2018 and there was no representation for the appellant. Hence, the Registry was directed to post the matter under the caption "for dismissal" on 23.04.2018. Even, today, there is no representation for the appellants, despite the fact that the matter is posted under the caption "for dismissal". Hence, this Court has no other option, but to dismiss this appeal for non-prosecution.

2.Accordingly, this appeal suit is dismissed for nonprosecution. However, there is no order as to costs. Sd/- Assistant Registrar (AS) https://hcservices.ecourts.gov.in/hcservices/ /True Copy/ Sub Assistant Registrar

To

1. The I Additional Subordinate Judge, Tiruchirappalli.

2. The District Munsif -cum- Judicial Magistrate, Lalgudy.

3. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai. (2 Copies) + 1 CC TO Mr.K.S.SHANKAR MURALI, ADVOCATE IN SR No. 62892 + 1 CC TO Mr.N.C.ASHOKKUMAR, ADVOCATE IN SR No. 62973 CMR TE/SV-MMS/SAR-4 : 11/05/2018 : 2P/7C Judgment made in S.A.(MD)No.103 of 2013 23.04.2018 https://hcservices.ecourts.gov.in/hcservices/