Second appeal dismissed for non-prosecution after appellant's counsel failed to appear and could not contact the appellant. Counsel was granted liberty to restore and contest the appeal if so advised.
None granted; dismissal for non-prosecution with liberty to restore.
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S.A.(MD).No.383 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.12.2024
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
S.A.(MD).No.383 of 2012
Ravichandran
... Appellant
/Vs./
1.K.Soundaraj
2.The Commissioner, Madurai Corporation, West Region, Arignar Anna Maligai, Tallakulam, Madurai-2. ...Respondents
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree dated 30.09.2011, made in A.S.No.209 of 2008 on the file of the 3 rd Additional Sub Court, Madurai, confirming the Judgment and Decree, dated 04.12.2008, made in O.S.No.591 of 2006 on the file of the Principal District Munsif Court, Madurai Town.
For Appellant : Mr.G.Prabhu Rajadurai For R1 : No appearance For R2 : Mr.K.K.Kannan *****
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S.A.(MD).No.383 of 2012
JUDGMENT
When the case was taken up for hearing on 12.11.2024, the learned Counsel appearing for the appellant failed to appear before this Court. Hence, the case was posted on 20.11.2024 under the caption “for dismissal”.
2.When the case was taken up for hearing on 20.11.2024, the learned Counsel appearing for the appellant submitted that he could not contact the appellant and also submitted that he heard that the appellant is no more and he could not confirm the said fact. Hence, the case was posted today, ie., on 05.12.2024 under the caption “for dismissal”.
3.When the case was taken up for hearing today, ie., on 05.12.2024, the learned Counsel appearing for the appellant submitted that he is not able to take instructions from the appellant.
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S.A.(MD).No.383 of 2012
4.Therefore, the present second appeal is dismissed for non prosecution
with liberty to restore and contest the case, if so advised. No costs.
05.12.2024
Index : Yes / No NCC : Yes / No
Tmg
TO:
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S.A.(MD).No.383 of 2012
S.SRIMATHY, J.
Tmg
Judgment made in S.A.(MD)No.383 of 2012
Dated: 05.12.2024
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1 provisions across 1 enactments
Ravichandran
K.Soundaraj
The Commissioner, Madurai Corporation, West Region
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
