The Second Appeal was dismissed for non-prosecution as the appellants were absent and no cause was provided for adjournment. The connected miscellaneous petition was closed.
Second Appeal dismissed for non-prosecution; no costs; connected miscellaneous petition closed.
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S.A.No. 439 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.02.2022
CORAM:
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
S.A. No.439 of 2017 and C.M.P. No.10790 of 2017
Kannupaiyan .. Respondent
Second Appeal filed under Section 100 of Civil Procedure Code, 1908, against the judgment and decree dated 23.09.2014 made in A.S. No.51 of 2012 by the learned Principal District Judge of Salem, reversing the decree and judgment dated 22.11.2011 made in O.S. No.73 of 2008 on the file of the Subordinate Judge at Mettur.
For Appellants : No appearance For Respondent : No appearance
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JUDGMENT
When the matter was listed earlier on 10.02.2022, there was no representation on behalf of the appellants. Hence, this Court directed the Registry to list the matter under the caption “For dismissal” on 11.02.2022. Despite the matter is listed today under the caption “For dismissal” and the names of the parties are being printed in the cause list, the counsel representing the appellant's counsel seeks adjournment for no reason or cause for the nonappearance of appellant's counsel. This Court is not inclined to adjourn the matter at the request of another counsel representing appellants' counsel without a reason or cause. Accordingly, the Second Appeal is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed.
11.02.2022
Index:Yes/No Speaking order / Non speaking order bkn
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S.A.No. 439 of 2017
To
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S.A.No. 439 of 2017
S.S.SUNDAR. J.,
bkn
S.A. No. 439 of 2017
11.02.2022
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Chinnathambi others
Kannupaiyan
S.S.SUNDAR
As recorded by the court registry
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