Anthoniraj vs Amalorpava Loorthumary
2022 Latest Caselaw 16893 Mad

                                                                                    A.S.No.355 of 2015

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 27.10.2022

                                                           CORAM :

                                   THE HONOURABLE MR. JUSTICE S.S. SUNDAR
                                                            AND
                                    THE HONOURABLE MRS. JUSTICE N. MALA

                                                    A.S.No.355 of 2015
                                                           and
                                                     M.P.No.1 of 2015

                     Anthoniraj                                                  ... Appellant

                                                             Vs.

                     1.Amalorpava Loorthumary
                     2.Arokiyamary
                     3.Matharasu Ammal                                          ... Respondents

                     Prayer : Appeal Suit filed under Order XLI Rule 1 read with Section 96 of

                     Code of Civil Procedure against the judgment and decree dated 11.03.2015

                     in O.S.No.51 of 2014 on the file of the Principal District Court, Cuddalore.



                                    For Appellant      :      No appearance




                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                       A.S.No.355 of 2015



                                                     JUDGMENT

(Judgment was delivered by S.S. SUNDAR, J.)

When the matter was listed on 27.09.2022, the counsel appearing for

the appellant reported that she had given change of vakalat. Hence, the

statement of the then counsel on record was taken as one reporting “no

instructions” and the Registry was directed to issue notice to the appellant

returnable in two weeks and to print the name of the appellant in the cause

list. When the matter was again listed on 11.10.2022, though the name of

the appellant was printed in the cause list, there was no representation for

the appellant. Therefore, the matter was directed to be listed on 27.10.2022

under the caption “for dismissal”.

2.It is now informed by the Registry that the notice sent to the

appellant was served on 12.10.2022. Despite the matter being listed under

the caption “for dismissal” today and the name of the appellant being

printed in the cause list, there is no representation on behalf of the appellant.

In view of the fact that the counsel has already reported no instructions and

https://www.mhc.tn.gov.in/judis A.S.No.355 of 2015

the appellant has not appeared despite receipt of notice, this Court has no

other option except to dismiss the appeal for non-prosecution.

3.Accordingly, this appeal is dismissed for non-prosecution. No

costs. Consequently, connected miscellaneous petition is closed.

(S.S.S.R., J.) (N.M., J.) 27.10.2022 mkn

Internet : Yes Index : Yes / No

To

The Principal District Judge, Cuddalore.

https://www.mhc.tn.gov.in/judis A.S.No.355 of 2015

S.S. SUNDAR, J.

and N. MALA, J.

mkn

A.S.No.355 of 2015

27.10.2022

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