Saviar Prince v. Edward

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2024

CORAM

THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and C.M.P.Nos.2236 and 2237 of 2004 Xaviar Prince ... Appellant/Appellant/ Plaintiff Vs.

Edward ... Respondent/Respondent/ Defendant Prayer: Appeal filed under Section100 of Civil Procedure Code to set aside the judgment and decree dated 08.01.2003 made in A.S.No.102 of 2001 on the file of the Additional District Court, Kanyakumari District at Nagercoil, confirming the judgment and decree dated 29.06.2001 made in O.S.No.233 of 1999 on the file of the Principal District Munsif Court, Nagrcoil. For Appellant :

No appearance For Respondent :

No appearance

JUDGMENT

Learned counsel for the appellant filed a memo dated 3rd February, 2022 vide USR No.3516 reporting "no instructions" on the ground that in spite of communication sent to the appellant, there is no response from him. There is no one to prosecute this appeal. In the circumstances, this Court is left with no other option, except to dismiss this appeal for non-prosecution.

2. Accordingly, this Second Appeal is dismissed for nonprosecution. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 05.01.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr

To 1.The Additional District Judge, Kanyakumari District at Nagercoil.

2.The Principal District Munsif, Nagrcoil.

MUMMINENI SUDHEER KUMAR, J.

abr 05.01.2024