M.Ravikumar vs G.Subramani
2021 Latest Caselaw 12692 Mad

                                                           S.A.No.285 of 2017
         IN THE HIGH COURT OF JUDICATURE AT MADRAS

                           DATED : 29.06.2021

                                CORAM

          THE HONOURABLE MR.JUSTICE S.S.SUNDAR

                      Second Appeal No.285 of 2017
                                  and
                         C.M.P.No.6806 of 2017

1.M.Ravikumar
S/o.Murugesa Mudaliar

2.M.Premkumar
S/o.Murugesa Mudaliar                                 ... Appellants

                                  Vs.

G.Subramani                                          ... Respondent

      Prayer:- The Second Appeal filed under Section 100 of C.P.C.,
against the judgment and decree dated 29.11.2012 passed in A.S.No.35 of
2007 on the file of the Subordinate Judge, Arni, Tiruvannamalai District
whereby reversing the judgment and decree dated 09.02.2007 passed in
O.S.No.420 of 1999 on the file of the District Munsif Court, Arni,
Tiruvannamalai District.
            For Appellants    : No Appearance
            For Respondent    : No Appearance

                             JUDGMENT

S.A.No.285 of 2017 (The case has been heard through video conference) When the matter was listed on 28.04.2021, there was no representation

for the appellant. Therefore, this Court had directed the Registry to list the

matter under the caption “for dismissal” on 03.06.2021. The matter again

came up for hearing before this Court on 16.06.2021 and this Court having

referred to the previous direction of this Court, directed the matter to be

listed under the caption either “for disposal on merits or for dismissal”.

Again there was a request by the appellant and the matter was posted on

23.06.2021 under the same caption. Once again on 25.06.2021 there was a

request by the Senior Counsel appearing for the appellant to post this matter

on 29.06.2021. Despite the matter having been listed today at the request of

the learned Senior Counsel, there is no representation on the side of the

appellant.

2.In view of the above, this Court is inclined to dismiss this second

appeal for non prosecution. This Second Appeal stands dismissed for non

prosecution accordingly. Consequently, the connected miscellaneous

petition is also dismissed. No costs.

S.A.No.285 of 2017 29.06.2021 kas

Index : yes / no Internet : yes / no Speaking / Non Speaking order

To:

1.The Subordinate Judge Arni, Tiruvannamalai District

2.the District Munsif Court Arni, Tiruvannamalai District

S.S.SUNDAR, J.

kas

S.A.No.285 of 2017

S.A.No.285 of 2017 and C.M.P.No.6806 of 2017

29.06.2021