Vadivel v. Nagarajan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A.(MD)No.682 of 2021 1.Vadivel 2.Ganesan .... Appellants/Appellants/Plaintiffs Vs.

Nagarajan ... Respondent/Respondent/Defendant Prayer : Second Appeal is filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 04.07.2019 passed in A.S.No.94 of 2017 on the file of the Subordinate Judge, Aranthangi confirming the judgment and decree dated 24.11.2015 passed in O.S.No.9 of 2012on the file of the District Munsif Court, Aranthangi. For Appellants : No appearance For Respondent : Mr.N.Tamilmani

J U D G M E N T

The matter is listed under the caption 'for dismissal' today. The matter is listed before me for the 3rd time. The matter is listed before me on 16.03.2023 and on that date, both the learned counsels were not ready and they sought for a short accommodation to argue the matter. Theresfter, the matter was adjourned to 13.04.2023 and on that date, there was no representation on the side of the appellants. The learned counsel for the 1/3

respondent was present and he was ready to argue the matter. Since there was representation on the side of the appellants on 13.04.2023, this Court directed the Registry to post the matter under the caption 'for dismissal' on 21.04.2023. Even today, there is no representation on the side of the appellants and this Second Appeal is of the year 2021. It can now be inferred that the appellants are not interested in prosecuting this Second Appeal. Accordingly, this Second Appeal is dismissed for non-prosecution. No costs.

21.04.2023 Index : Yes/No Internet: Yes/No CM To, 1.The Subordinate Judge, Aranthangi

2. The District Munsif Court, Aranthangi.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 2/3

ABDUL QUDDHOSE, J.

CM S.A.(MD)No.682 of 2021 21.04.2023 3/3