Madras High CourtSA/646/2011dismissed for nonprosecution

K.A.Kuppusamy v. Gulli @ Perumal

2019-11-29Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A.No.646 of 2011 K.A.Kuppusamy ... Appellant/ Defendant Vs Gulli @ Perumal ... Respondent Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 10.02.2011 made in A.S. No.5 of 2010 on the file of the Subordinate Judge, Harur, confirming the judgment and decree dated 20.11.2009 made in O.S. No.121 of 2005 on the file of the District Munsif Court, Harur.

For appellant : No appearance For respondent : Mr.S.Saravana Kumar

JUDGMENT

This Second Appeal was earlier dismissed for non prosecution ON 10.02.2017. Subsequently, the appellant has filed a petition to restore the Second Appeal which was dismissed for default. The said petition was allowed on 19.11.2019. Thereafter, on the last hearing date i.e. on 27.11.2019, the respondent's grand son was present in the Court and on instructions, he submitted that the respondent is willing to receive Rs.1,65,000/- towards full and final settlement of the suit claim from the appellant. The learned counsel for the appellant took time to get instructions regarding the offer made by the respondent from his client.

2. Today, when the matter is called, there is no representation on the side of the appellant. However, the learned counsel for the respondent is present. He submits that the appellant is not interested in settling the matter and only to drag on the proceedings, he has been seeking time frequently.

3. The Second Appeal has been filed challenging the concurrent judgments of the Courts below and is a money suit. It can now be inferred that the appellant is not interested to prosecute the Second Appeal and only to drag on the same, he has

been seeking several adjournments. Accordingly, the Second Appeal is dismissed for non prosecution. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vsi2 To

1. The Subordinate Judge, Harur.

2. The District Munsif, Harur.

Copy To The Section Officer, VR Section, High Court, Madras-104 +1cc to Mr.S.Saravana Kumar, Advocate, S.R.No.99759 S.A.No.646 of 2011 SAI(CO) CS/03/12/2019