Madras High CourtCMA(MD)/720/2012dismissed for default

The Commissioner v. M. Suseelarani

2022-11-15Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :15.11.2022

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI The Commissioner, Sivakasi Municipality, Sivakasi .. Appellant / 1st Respondent Vs.

1.M.Suseelarani 2.A.Mariappan .. Respondents 1&2/ Petitioners 3.Karuppasamy .. 3rd Respondent / 2nd Respondent Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, against the judgment and decree, dated 02.03.2007, made in M.C.O.P.No.2087 of 2004, on the file of the Additional District and Sessions Court - Fast Track Court No.III, Madurai. For Appellant : No appearance For Respondent No.1&2 : Mr.V.Nagendran For Respondent No.3 : No appearance 1 / 4

JUDGMENT

Today (15.11.2022), when the matter is taken up for hearing, there is no representation on the side of the appellant.

2. This appeal is pending from the year 2012, that is, for the past 10 years. This matter is placed before me, on 20.09.2022, at that time, there was no representation on the side of the appellant and the case was adjourned to 27.09.2022. On 27.09.2022, the counsel for the appellant undertake to file "no instruction memo", but no such memo was filed.

3. On 03.11.2022, there was no representation on the side of the appellant, hence, the matter was adjourned to 11.11.2022. On 11.11.2022, when the matter was taken up for hearing, there was no representation on the side of the appellant and hence, the case was adjourned to 15.11.2022, under the caption "for arguments or for orders".

4. Even today (ie.15.11.2022), when the matter was called, there was no representation on the side of the appellant. The respondents side ready for arguments.

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5. There is no use in keeping the case pending any further. Already sufficient opportunity was given to the appellant. Hence, this Appeal is dismissed for default. No costs.

15.11.2022 Index : Yes/No Internet : Yes/No Ls Note : In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. To 1.The Additional District and Sessions Court - Fast Track Court No.III, Madurai.

2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

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R. THARANI, J.

Ls Judgment made in 15.11.2022 4 / 4