S.Nityananthan vs S.Periyasamy
2023 Latest Caselaw 8082 Mad

                                                                                  C.M.A.No.2813 of 2016


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 11.07.2023

                                                        CORAM :

                                  THE HONOURABLE MR. JUSTICE K.RAJASEKAR

                                                  C.M.A.No.2813 of 2016
                                                           and
                                                  C.M.P.No.20427 of 2016

                       S.Nityananthan                               ... Appellant /Petitioner
                                                           Vs.
                       1. S.Periyasamy
                       2. State of Tamil Nadu,
                          by its District Collector,
                          Erode District, Erode – 11.               ... Respondents/respondents

                                     Civil Miscellaneous Appeal filed under Order XLIII Rule 1 of
                       the Code of Civil procedure, against the Order and Decree dated 06.10.2016
                       made in P.O.P.No.89 of 2015 on the file of the I Additional District Judge,
                       Erode.
                                  For Appellant    : Mr.M.N.Kathir (No appearance)
                                  For Respondents : No appearance

                                                        JUDGMENT

Earlier, this matter was posted on 20.06.2023, there was no

representation on behalf of the appellant and hence, the matter was posted

on 05.07.2023 and the matter was again called on 05.07.2023, there was no

K.RAJASEKAR,J.,

https://www.mhc.tn.gov.in/judis C.M.A.No.2813 of 2016

ssi representation for the appellant and thereafter, the matter was directed to be

posted today (10.07.2023) under the caption “for dismissal”.

2. Even today (10.07.2023), when the matter is called, again there is

no representation on behalf of the appellant. It shows that the appellant is

not interested to proceed the case further. Hence, this Court has no other

option except to dismiss the same.

3. Accordingly, this Civil Miscellaneous Appeal stands dismissed for

default. No costs. Consequently, the connected miscellaneous petition is

closed.

11.07.2023 ssi Index:Yes/No Speaking Order : Yes/No Neutral Citation Case : Yes/No

To

1. The I Additional District Judge, Erode.

2. The Section Officer, VR Section, High Court, Madras.

C.M.A.No.2813 of 2016

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