Second Appeal dismissed for non-prosecution as the appellant remained absent, had no counsel, and no instructions were reported by previous counsel on appeal listing dates.
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S.A.(MD)No.389 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
S.A.(MD)No.389 of 2018 and C.M.P.(MD)No.11039 of 2018
Sheikdhawood
... Appellant
/Vs./
Ummuraliyabeevi (Died)
... Respondents
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code to set aside the judgment and decree passed in A.S.No.12 of 2011, on the file of the learned Additional District Judge, Ramanathapuram, dated 16.02.2016 confirming the judgment and decree passed in O.S.No.8 of 2009 on the file of the Sub Court, Ramanathapuram, dated 06.07.2011.
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S.A.(MD)No.389 of 2018
For Appellant : No appearance For Respondents : Mr.T.R.Jeyapalam
JUDGMENT
This matter is listed under the caption ‘For Dismissal’ today. As early as on 04.12.2018, the learned counsel appearing for the appellant had reported no instructions in this matter. The matter was listed once again on 21.03.2023. The name of the appellant was also printed in the cause list on that date.
2. Even on 21.03.2023, there was no representation on the side of the appellant. The appellant has also not engaged any new counsel in place of the earlier counsel on record, who had reported no instructions as early as on 04.12.2018. Therefore, this Court, on 21.03.2023, directed the Registry to post the matter 'For Dismissal' today. Accordingly, this matter has been posted under the caption 'For Dismissal' today.
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S.A.(MD)No.389 of 2018
3. Since there is no representation on the side of the appellant even
today, it can now be inferred that the appellant is not interested in prosecuting the Second Appeal. Accordingly, this Second Appeal is dismissed for non-prosecution. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
23.03.2023 Index : Yes / No NCC : Yes / No Sm
TO:
2.The Additional District Judge, Ramanathapuram.
3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
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S.A.(MD)No.389 of 2018
ABDUL QUDDHOSE, J.
Sm
Judgment made in S.A.(MD)No.389 of 2018
Dated: 23.03.2023
1 provisions across 1 enactments
Sheikdhawood
Noorulkamar
Abdul Quddhoose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
