A.Ganesan v. S.Thaniklaus

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN A.Ganesan ...Appellant vs.

S.Thaniklaus ... Respondent Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree in A.S.No.13 of 2001 dated 29.08.2001 on the file of the Chief Judicial Magistrate Court, Pudukkottai reversing the Judgment and Decree in O.S.No.97 of 2000 dated 13.02.2001 on the file of the Principal District Munsif Court, Pudukkottai.

For Appellant :

No appearance For Respondent :

Mr.S.Deenadhayalan

ORDER

When the matter was taken up for hearing on 10.04.2023, there was no representation on behalf of the appellant. Therefore, the matter was directed to be listed today under the caption 'for dismissal'.

2. It is seen that the learned counsel who appeared for the appellant has filed a memo dated 11.04.2023 to the Registry reporting 'no instructions' from the appellant. It is also stated in the memo that inspite of repeated reminders, the appellant has not turned up to give instructions to proceed further in the appeal.

3. The appeal is of the year 2001 and it is pending for more than 22 years. Despite the same, the appellant is not keen on proceeding with the case. In such circumstances, this Court has no other option except to dismiss the second appeal for default. Accordingly, the second appeal stands dismissed for default. No costs.

13.04.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To 1.The Chief Judicial Magistrate Court, Pudukkottai 2.The Principal District Munsif Court, Pudukkottai

P.VELMURUGAN , J.

mbi 13.04.2023