Madras High CourtSA(MD)/425/2006dismissed as infructuous

P.Paramasivan @ P.P.Sivam v. Sengol Mutt

2024-08-14Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and C.M.P(MD)No.3599 of 2006 P.Paramasivan @ P.P.Sivam ... Appellant/Appellant/Defendant Vs.

Sengol Mutt ... Respondent/Respondent/Plaintiff Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 23.11.2005 passed in A.S.No.198 of 2005 on the file of the Principal Sub Court, Tirunelveli, confirming the judgment and decree dated 19.12.2003 passed in O.S.No.145 of 1990 on the file of the Principal District Munsif Court, Tirunelveli.

For Appellant : No appearance For Respondent : Mr.RM.Arun Swaminathan 1/4

JUDGMENT

When the matter was taken up for hearing on 13.08.2024, the learned counsel appearing for the appellant reported "no instructions". Hence this Court had directed the Registry to print the name of the appellant in the cause list and directed to list the matter on 14.08.2024.

2. Even today i.e., on 14.08.2024, there was no representation on behalf of the appellant and the same clearly indicates that the appellant has not shown any interest to prosecute the appeal.

3. The learned counsel appearing for the respondent submitted that the parties have settled the matter out of Court. 4.In view of the above, the Second Appeal is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.

14.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes ps 2/4

To 1.The Principal Sub Court, Tirunelveli.

2.The Principal District Munsif Court, Tirunelveli.

3.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

3/4

V.BHAVANI SUBBAROYAN, J.

ps Judgment made in 14.08.2024 4/4