Madras High CourtSA(MD)/1122/2009dismissed as infructuous

M.P.Ramasamy v. S.Charles Chandrasekar

2021-12-07Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2020

CORAM

THE HONOURABLE MR.JUSTICE RMT. TEEKA RAMAN S.A (MD) No.1122 of 2009 and C.M.P(MD) No.1135 of 2020 M.P.Ramasamy ...Appellant/Appellant/Defendent Vs.

S.Charles Chandrasekar, Rep. by its Power Agent, Ms.Alphonsa Royan, W/o. Lovelyn Royan, Veerapandianpattinam, Thiruchendur Taluk.

... Respondent/Respondent/Plaintiff PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908, against the Judgment and Decree dated 30.04.2009 in A.S.No.45 of 2005 on the file of the Sub Court, Tuticorin, confirming the judgment and decree dated 06.10.2004 passed in O.S.No.224 of 2003 on the file of the Additional District Munsif, Tuticorin.

For Appellant : No appearance For Respondent : Ms.P.Jessi Jeeva Priya

JUDGMENT

Today, when the matter was taken up for hearing, there is no representation for the appellant, though his name has been printed in the cause list and called absent.

2.The learned counsel appearing for the respondent submitted that CMP(MD)No.1135 of 2020 is filed by the respondent/plaintiff directing the appellant in the second appeal to comply with the order passed, at the time of admission.

3.The respondent/plaintiff filed a suit in O.S.No.224 of 2003 on the file of the Additional District Munsif, Thoothukudi, for return of the document, which is in the nature of agreement to sell the property, under which, the land owner has handed over the original document to the agreement holder, namely, the defendant. The suit was decreed and the appeal was dismissed and hence, the Second Appeal by the defendant.

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4.From the records, it is seen that at the time of admission, there is a specific direction to the appellant to deposit the document before the trial Court.

5.Learned Counsel for the respondent herein submitted that de hors after the order passed by this Court, the appellant has not deposited the original document, as directed by this Court, however, he filed only the certified Xerox copy before the Execution Court, resulting in closure of the E.P.

5. Since there is no representation for the appellant, this Second Appeal is dismissed for default. The civil miscellaneous petition for directing the respondent to produce the original document, is allowed. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) cp To 1.The Subordinate Judge, Tuticorin.

2.The Additional District Munsif, Tuticorin 3.The Record Clerk,(2 copies) Vernacular Section Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.JESSI JEEVA PRIYA, Advocate ( SR-11974[F] dated 17/03/2020 ) S.A (MD) No.1122 of 2009 and C.M.P(MD) No.1135 of 2020 16.03.2020 VB(07.05.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/