Madras High CourtSA(MD)/451/2011dismissed for default

Udaiyar @ Pethaiah v. Madasamy

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

S.A.(MD) No.451 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE S.A.(MD) No.451 of 2011 and M.P.(MD) No.1 of 2011 1.Udaiyar @ Pethaiah 2.Chandran ... Appellants/Appellants/ Defendants -vs1.Madasamy 2.Udaiyar @ Chinnasamy 3.Murugan ... Respondents/Respondents/ Plaintiffs Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree passed in A.S.No.17 of 2010 dated 29.10.2010 on the file of the Sub-Court, Sankarankoil confirming the judgment and decree dated 08.02.2010 passed in O.S.No.205 of 2006 on the file of the Principal District Munsif Court, Sankarankoil. For Appellants :

Mr.D.Nallathambi For Respondents :

Mr.S.Ramesh @ Ramiah ******

J U D G M E N T

While the learned counsel for the appellants says that his efforts to contact his clients was in vain, as even the registered post was returned, the learned counsel for the respondents submitted that he has reliable information that the matter has been amicably settled between the parties.

2. The statement is recorded. So far as today's proceeding is concerned, since the second appeal is pending for 11 years and the suit itself is of the year 2006, it will be futile for this Court to wait for the litigants. The appeal is, therefore, dismissed for default. No costs. Consequently, connected miscellaneous petition is dismissed.

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

S.A.(MD) No.451 of 2011 abr To 1.The Principal District Munsif Court, Sankarankoil.

2.The Sub-Court, Sankarankoil.

Copy to:

The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1 CC to M/s.D. NALLATHAMBI, Advocate ( SR-28750[F] dated 29/06/2022 ) +1 CC to M/s.D. NALLATHAMBI, Advocate ( SR-29151[F] dated 30/06/2022 ) S.A.(MD) No.451 of 2011 28.06.2022 SS/06/07/2022/ 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2