M.Subbaiah vs Subramanian
2024 Latest Caselaw 2125 Mad

Madras High Court

M.Subbaiah vs Subramanian on 1 February, 2024

                                                                              SA(MD).No.875 of 2007


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 01.02.2024

                                                         CORAM:

                      THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR


                                                   SA(MD).No.875 of 2007

                    M.Subbaiah                                                 : Appellant

                                                          -vs-

                    Subramanian                                                : Respondent


                    PRAYER: The Second Appeal is filed under Section 100 C.P.C against

                    the Judgment and decree, dated 18.06.2004 passed by the learned

                    Subordinate Judge, Ambasamudram in A.S.No.3 of 2003 confirming the

                    Judgment and decree passed in O.S.No.42 of 1999, dated 19.11.2002 by

                    the learned Additional District Munsif, Ambasamudram.

                                  For Appellant              :     No appearance

                                  For respondent             :     No appearance



                                                         JUDGMENT

This Second Appeal was filed by the plaintiff aggrieved by the

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concurrent findings recorded by the trial Court as well as the Appellate

Court.

2. The appellant was aged about 73 years in the year 2005 when

the Second Appeal was filed. Earlier, this matter was listed on 04.01.2024

before this Court as there was no representation on either side and hence,

the matter was again listed on 24.01.2024. Even on 24.01.2024, there was

no representation for the appellant and hence, the same was directed to be

listed today under the caption for dismissal. Today, in spite of the appeal

being listed under the caption for dismissal, there is no representation for

the appellant during pre-lunch or post lunch session.

3. In the circumstances, this Court is left with no other option

except to dismiss this Second Appeal for non prosecution. Accordingly,

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

                                                                                      01.02.2024
                    Internet : Yes / No
                    Index    : Yes / No
                    trp

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

To

1. The Subordinate Judge, Ambasamudram

2. The Additional District Munsif, Ambasamudram.

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MUMMINENI SUDHEER KUMAR. J.

trp

01.02.2024

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