R.Balakrishan vs K.Hayathkhan
2021 Latest Caselaw 13304 Mad

                                                                              S.A. No.928 of 2007

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 06.07.2021

                                                       CORAM:

                                   THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                  S.A. No.928 of 2007

                     R.Balakrishan                                               .... Appellant

                                                       Versus

                     K.Hayathkhan                                              ... Respondent


                           Second Appeal filed under Section 100 of the Civil Procedure
                     code, against the decree and judgment passed in A.S. No.83 of 2004
                     dated 10.08.2005 on the file of Principal Sub Court, Cuddalore
                     confirming the judgment and decree dated 12.08.2004 in O.S.No.577of
                     2004 on the file of Principal District Munsif, Cuddalore.


                               For Appellant                 : Mr.T.S.Baskaran

                               For Respondent                : Not ready in notice

                                                 JUDGMENT

This Court, by order dated 22.07.2021, observed that if steps are

not taken to serve notice on the respondent before the next date of

hearing, the second appeal shall stand automatically dismissed for non-

prosecution.

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

S.A. No.928 of 2007

ABDUL QUDDHOSE, J.

sr

2. Mr.T.S.Baskaran, learned counsel for the appellant would

submit that despite his best efforts, he has been unable to serve notice.

Therefore, it can now be inferred that the appellant is not interested to

prosecute the Second Appeal. In view of the order passed on 22.07.2021,

the Second Appeal is dismissed for non prosecution. No costs.

12.08.2021

Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order sr

To

1. The Principal Sub Court, Cuddalore,

2. The Principal District Munsif Court, Cuddalore

S.A.No.928 of 2007

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