M.Kandan v. Mounsamy Madam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and CMP(MD) No.17578 of 2003 1.M.Kandan 2.T.Krishnan ... Appellants Vs.

1.Mounsamy Madam Sri Siddeswari Beedam Shencottah Road, Courtallam through its Peedathipathi 2.Komu Ammal 3.K.Sudalai ... Respondents PRAYER: The Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 30.09.2002 passed by the learned Principal Sub Court, Tenkasi in A.S.No.19 of 2002 confirming the judgment and decree of the learned Additional District Munsif Court, Tenkasi dated 25.07.2001 in O.S.No.16 of 1998.

For Appellant : No appearance For Respondents : No appearance 1/4

J U D G M E N T

This second appeal was listed twice before the Joint Registrar (Judicial) for taking steps and for paying batta with correct address. However, none appeared on behalf of the appellants in all the occasions. Therefore, the second appeal was listed before this Court for appropriate orders.

2. When this matter was listed on 12.09.2023, there was no appearance on beh1alf of the appellants, hence, the matter was directed to be listed under the caption, 'for dismissal' today (15.09.2023).

3. Today, even though the matter is listed under the caption for dismissal, neither the learned counsel for the appellants nor the learned counsel for the respondents is present to prosecute the appeal. It shows that the appellants are not interested in prosecuting the appeal. Hence, this second appeal is dismissed for non prosecution. No costs. Consequently connected Miscellaneous Petition is closed.

15.09.2023 RR 2/4

To 1.The Principal Sub Court, Tenkasi 2.The Additional District Munsif Court, Tenkasi 3.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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KRISHNAN RAMASAMY ,J.

RR 15.09.2023 4/4