Lazar vs Santhanaperumal
2023 Latest Caselaw 6868 Mad

                                                                                 S.A(MD)No.219 of 2013



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 22.06.2023

                                                       CORAM

                                   THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                            S.A(MD)No.219 of 2013 &
                                              M.P(MD)No.1 of 2013



                     Lazar                                                      ...Appellant
                                                         vs.

                     Santhanaperumal
                     Through his Power Agent,
                     Sudalai (Died)                                             ... Respondent


                     (Death of the Power Agent is recorded vide Court Order dated
                     20.01.2023 in S.A(MD)No.219 of 2013)

                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 29.11.2012 in A.S.No.
                     69 of 2012 on the file of the Principal Sub Court, Tirunelveli confirming
                     the Judgment and Decree dated 20.02.2012 in O.S.No.649 of 2008 on the
                     file of the II Additional District Munsif Court, Tirunelveli.




                     Page 1 of 4
https://www.mhc.tn.gov.in/judis
                                                                                  S.A(MD)No.219 of 2013




                                  For Appellant          :     No appearance

                                  For Respondent         :     Mrs.K.Bhuvaneswari



                                                        JUDGMENT

The learned counsel appearing for the appellant has filed a Memo

dated 16.06.2023 reporting 'no instructions'. On 19.06.2023, Memo was

recorded by this Court and the Registry was directed to remove the name

of the counsel on record for the appellant and print the name of the

appellant.

2. Today the name of the appellant is printed in the cause list.

However, there is no representation for the appellant. Despite sufficient

opportunity being given to the appellant, he has not come forward to

proceed with the appeal effectively. Therefore, this Court has no other

option except to dismiss the appeal for non-prosecution. Accordingly,

this Second Appeal is dismissed for non-prosecution with cost of Rs.

1,00,000/- (Rupees One Lakh only) payable by the appellant to the

https://www.mhc.tn.gov.in/judis S.A(MD)No.219 of 2013

Registry to the credit of S.A(MD)No.219 of 2013. Consequently, the

connected Miscellaneous Petition is closed. In case, the appellant files

any application to restore the appeal, Registry is directed not to take the

application on file unless the appellant deposits the cost imposed by this

Court.

22.06.2023

NCC:Yes/No Index:Yes/No Speaking/Non-speaking order

mbi

To

1.The Principal Sub Court, Tirunelveli.

2.The II Additional District Munsif Court, Tirunelveli.

3.The Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis S.A(MD)No.219 of 2013

P.VELMURUGAN, J.

mbi

S.A(MD)No.219 of 2013

22.06.2023

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