The Madurai Bench dismissed the Second Appeal and connected Miscellaneous Petitions for non-prosecution as the appellants failed to appear despite the matter being listed 'for dismissal'.
Second Appeal and connected miscellaneous petitions dismissed for non-prosecution.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 01.03.2017
Coram
The HONOURABLE MR.JUSTICE M.DURAISWAMY
S.A(MD)No.224 of 2015 and M.P(MD)Nos.1 & 2 of 2015
1.Rengammal
2.Pon Irulappan
.. Appellants/Appellants/Plaintiffs
Vs.
A.Muthuramalingam .. Respondent/Respondent/Defendant
Prayer:- Second Appeal has been filed under Section 100 of Civil Procedure Code against the Judgment and Decree dated 11.12.2014 made in A.S.No.11 of 2014 on the file of the Principal Subordinate Court, Madurai, confirming the Judgment and Decree, dated 19.12.2011 made in O.S.No.92 of 2011 on the file of the Additional District Munsif, Madurai Town.
For Appellants : No appearance For Respondent : Mr.H.Velavadhas
JUDGMENT
When the matter was listed for hearing on 22.02.2016, the learned counsel appearing for the appellants submitted that he had handed over the papers to the appellants and that there was no instructions from them. Hence, this Court directed the Registry to print the name of the appellants and post the matter next week. Thereafter, the matter was listed on 28.02.2017 printing the name of the appellants in the cause-list. However, none appeared for the appellants. Hence, the Registry was directed to list the matter under the caption 'for dismissal' on 01.03.2017, printing the names of the appellants.
2.Today also, though the names of the appellants have been printed in the cause-list, none appeared for the appellants. Hence, this Court has no other option except to dismiss the Second Appeal for non-prosecution. https://hcservices.ecourts.gov.in/hcservices/
3.Accordingly, this Second Appeal is dismissed for non-
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prosecution. No costs. Consequently, connected Miscellaneous Petitions are also closed.
Sd/Assistant Registrar
Sub Assistant Registrar
ps To
1.The Principal Sub Judge, Madurai.
2.The Additional District Munsif, Madurai Town.
+1cc to Mr.H.Velavadhas,Advocate Sr.No. 11742
JAM/09.03.17 /RSK/2p-4c
S.A(MD)No.224 of 2015 and M.P(MD)Nos.1 & 2 of 2015 01.03.2017
Rengammal and Pon Irulappan
A.Muthuramalingam
M.Duraismamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
