Sivakumara Boopathy vs Palani Naicker
2021 Latest Caselaw 24623 Mad

                                                                                  S.A.No.1275 of 2000

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 14.12.2021

                                                         CORAM

                                  THE HONOURABLE MRS.JUSTICE J.NISHA BANU

                                                    S.A.No.1275 of 2000

                     Sivakumara Boopathy                                       ...Appellant
                                                            Vs

                     1.Palani Naicker,

                     2. Family Manager,
                        Periyasamy                                    ... Respondents
                       nd
                     [2 respondent is given up
                     as an unnecessary party]
                            Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the judgement and decree dated 15.02.1999 made in
                     A.S.No.68 of 1998 on the file of the Sub Court, Bhavani confirming the
                     judgement and decree dated 11.03.1998 made in O.S.No.189 of 1991 on the
                     file of the Additional District Munsif Court, Bhavani.


                                    For Appellant            : No appearance
                                    For Respondents          : R1-Died
                                                               R2-Given up




                     1/4



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                                                                                         S.A.No.1275 of 2000

                                                         JUDGMENT

When the matter was listed on 30.11.2021, this Court passed the

following order :

''In the earlier occasion, when the matter came up for hearing on 16.11.2021, the learned counsel appearing for the appellant stated that there is no instructions from the appellant to pursue the matter further and therefore, he filed a memo to withdraw appearance and therefore the Registry was directed to print the name of the appellant in the cause list and issue notice to the appellant returnable by 30.11.2021.

2.Today (30.11.2021) when the matter was taken up for hearing, the cause list shows that service awaited for the sole appellant.

3.Hence, post the matter on 14.12.2021.''

2.Today, when the matter is taken up for hearing, despite service of

notice on the appellant and his name being printed in the cause list, there is

https://www.mhc.tn.gov.in/judis S.A.No.1275 of 2000

no appearance either in person or through counsel. Hence, this Second

Appeal is dismissed for non-prosecution. There shall be no order as to costs.

14.12.2021

Index: Yes/ No Internet: Yes/No Speaking Order/Non-speaking Order ms

To

1.The Sub Judge, Sub Court, Bhavani.

2.The Additional District Munsif, Bhavani.

https://www.mhc.tn.gov.in/judis S.A.No.1275 of 2000

J.NISHA BANU, J., ms

S.A.No.1275 of 2000

14.12.2021

https://www.mhc.tn.gov.in/judis