Madras High CourtSA(MD)/150/2012dismissed for default

I. Pandiarajan v. R. Ravi

2022-06-28Honourable Mr Justice N. Seshasayee2 pages

S.A.(MD) No.150 of 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE S.A.(MD) No.150 of 2012 and C.M.P.(MD) No.2911 of 2018 I.Pandiarajan .. Appellant/Appellant/Plaintiff -vsR.Ravi .. Respondent/Respondent/Defendant Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 15.12.2011 made in A.S.No.11 of 2010 on the file of the Principal Sub-Court, Dindigul, confirming the judgment and decree in O.S.No.1465 of 2004 dated 21.12.2009 passed by the Additional District Munsif Court, Dindigul. For Appellant :

Mr.S.Ramu For Respondent :

Mr.H.Lakshmi Shankar

J U D G M E N T

The learned counsel for the appellant submitted that he is not hearing anything from his client for the past 4 years and that even the registered post he sent was returned unserved. He submitted that he was given two cell numbers of his client, but neither of the numbers could he able to access his client. The learned counsel further submitted that he may not be able to proceed with the case.

2. This is the 10th year of the second appeal and the suit is of the year 2004, which implies this is the 18th year of the litigation. The suit is for declaration of title and possession and the suit came to be dismissed concurrently both by the trial Court as well as by the first appellate Court. Given the nature of the case and the attitude of the appellant, this Court does not consider it appropriate to adjourn the matter. Therefore, the second appeal is dismissed for default. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // /07/2022 Sub Assistant Registrar(CS) abr https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A.(MD) No.150 of 2012 To 1.The Principal Sub Judge, Dindigul.

2.The Additional District Munsif, Dindigul.

COPY TO:- The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) +1 CC to M/s.H. LAKSHMI SHANKAR, Advocate ( SR-28671[F] dated 29/06/2022 ) S.A.(MD) No.150 of 2012 28.06.2022 svn(CO) GC(05.07.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2