The Madurai Bench of the Madras High Court dismissed a Civil Miscellaneous Appeal for default due to the appellant's absence and failure to appear despite multiple listings. The appeal was filed in 2008 against an order from 1999.
Civil Miscellaneous Appeal dismissed for default. No costs.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.12.2019
CORAM
THE HONOURABLE MRS.JUSTICE R.THARANI
C.M.A.(MD)No.254 of 2008
K.Jeyapaul ... Appellant
Prayer : Civil Miscellaneous Appeal is filed under Order 43 Rule 1 of Civil Procedure Code against the order dated 29.11.2007 passed in I.D.O.P. No.57 of 1999 on the file of the learned Principal District Judge, Thoothukudi.
For Appellant : No Appearance For Respondent : Mr.N.Dilip Kumar
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the order dated 29.11.2007 passed in I.D.O.P. No.57 of 1999 on the file of the learned Principal District Judge, Thoothukudi.
2.This appeal was filed in the year 2008 and the learned counsel appearing for the appellant has reported “no instructions” on 09.12.2019. The name of the appellant was also printed in the cause list and the matter was listed on 16.12.2019 and on that date there was no representation for the appellant. Again this matter was listed today i.e., 18.12.2019. Even today also there is no representation for the appellant.
3.The order in I.D.O.P. was passed in the year 1999 and this https://hcservices.ecourts.gov.in/hcservices/ appeal is of the year 2008 and hence, there is no use in keeping
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this appeal pending. Accordingly, this civil miscellaneous appeal is dismissed for default. No costs.
Sd/Assistant Registrar (Writs)
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
To
1 The Principal District Judge, Thoothukudi. 2 The Record Keeper, (2 Copies) V.R.Section, Madurai Bench of Madras High Court, Madurai.
C.M.A.(MD)No.254 of 2008 18.12.2019
gns SDS(08.01.2020) 2P-4C
1 provisions across 1 enactments
K.Jeyapaul
Respondent
Justice R.Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
