S.A(MD)No.219 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.06.2023
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
S.A(MD)No.219 of 2013 &
M.P(MD)No.1 of 2013
Lazar ...Appellant
vs.
Santhanaperumal
Through his Power Agent,
Sudalai (Died) ... Respondent
(Death of the Power Agent is recorded vide Court Order dated
20.01.2023 in S.A(MD)No.219 of 2013)
Prayer: Second Appeal filed under Section 100 of the Code of Civil
Procedure against the Judgment and Decree dated 29.11.2012 in A.S.No.
69 of 2012 on the file of the Principal Sub Court, Tirunelveli confirming
the Judgment and Decree dated 20.02.2012 in O.S.No.649 of 2008 on the
file of the II Additional District Munsif Court, Tirunelveli.
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S.A(MD)No.219 of 2013
For Appellant : No appearance
For Respondent : Mrs.K.Bhuvaneswari
JUDGMENT
The learned counsel appearing for the appellant has filed a Memo dated 16.06.2023 reporting 'no instructions'. On 19.06.2023, Memo was recorded by this Court and the Registry was directed to remove the name of the counsel on record for the appellant and print the name of the appellant.
2. Today the name of the appellant is printed in the cause list. However, there is no representation for the appellant. Despite sufficient opportunity being given to the appellant, he has not come forward to proceed with the appeal effectively. Therefore, this Court has no other option except to dismiss the appeal for non-prosecution. Accordingly, this Second Appeal is dismissed for non-prosecution with cost of Rs. 1,00,000/- (Rupees One Lakh only) payable by the appellant to the Page 2 of 4 https://www.mhc.tn.gov.in/judis S.A(MD)No.219 of 2013 Registry to the credit of S.A(MD)No.219 of 2013. Consequently, the connected Miscellaneous Petition is closed. In case, the appellant files any application to restore the appeal, Registry is directed not to take the application on file unless the appellant deposits the cost imposed by this Court.
22.06.2023 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi To
1.The Principal Sub Court, Tirunelveli.
2.The II Additional District Munsif Court, Tirunelveli.
3.The Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.
Page 3 of 4 https://www.mhc.tn.gov.in/judis S.A(MD)No.219 of 2013 P.VELMURUGAN, J.
mbi S.A(MD)No.219 of 2013 22.06.2023 Page 4 of 4 https://www.mhc.tn.gov.in/judis