Chandran Naicker vs Madurai Naicker …
2024 Latest Caselaw 17678 Mad

Madras High Court

Chandran Naicker vs Madurai Naicker … on 5 September, 2024

Author: N.Senthil Kumar

Bench: N.Senthil Kumar

                                                                                        S.A.No.957 of 2011

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 05.09.2024

                                                          CORAM :
                                  THE HONOURABLE MR. JUSTICE N.SENTHIL KUMAR

                                       Second Appeal No.957 of 2011
                                                and M.P.No.1 of 2011

                    Chandran Naicker                        ... Appellant/Respondent/Plaintiff

                                                              Vs.

                    Madurai Naicker                      … Respondent/Appellant/Defendant


                              Second Appeal filed under Section 100 of C.P.C against the decree and
                    Judgment passed in A.S.No.7 of 2008 on the file of Principal Sub-Judge
                    Court at Chengalpattu dated 30.09.2008 reversing the Judgment & Decree
                    made in O.S.No.281 of 2000 dated 23.11.2007 on the file of District Munsiff
                    Court, Chengalpattu.


                              For Appellant          :        No appearance


                                              JUDGMENT

When the matter was listed for hearing on earlier occasions i.e. on

30.08.2024 & 03.09.2024, none appeared on behalf of the appellant. Hence,

this Court directed the Registry to list the matter on 05.09.2024 under the

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

caption "For Dismissal".

2. Today, when the matter was taken up for hearing, there was no

representation for the appellant. Thus, it is clear and evident that the

appellant is not interested in prosecuting the case and this Court has no other

option except to dismiss this second appeal for non-prosecution.

3. In view of the above, this second appeal is dismissed for non-

prosecution. No costs. Consequently, connected miscellaneous petition is

closed.

                                                             05.09.2024

                    vm
                    Index        :       Yes/No
                    Speaking Order       :    Yes/No
                    Neutral Citation     :    Yes/No

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

N.SENTHIL KUMAR,J.

vm

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

05.09.2024

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