Madras High CourtSA(MD)/609/2021dismissed for nonprosecution

Marappa Gounder v. Chinnama Nayakkar (Died),Palaniyammal

2023-06-16Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.A.(MD)No.609 of 2021 Marappa Gounder .... Appellant/Appellant/Plaintiff Vs.

Chinnama Nayakkar (Died) 1.Palaniyammal Subramaiyan (Died) 2.Muthusamy 3.Palaniyammal 4.Gandhimathi 5.Vijaya 6.Uma 7.Minor.Pavithra 8.Minor.Aravinth ... Respondents/Respondents/Defendants Prayer : Second Appeal is filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 16.04.2021 passed in A.S.No.17 of 2018 on the file of the Subordinate Court, Kulithalai, confirming the judgment and decree dated 18.01.2018 passed in O.S.No. 41 of 2004 on the file of the District Munsif Court, Kulithalai. For Appellant : No appearance For R2 to R8 : Mr.R.M.Sivakumar For R1 : Mr.V.Karuna 1/4

J U D G M E N T

This case has been listed under the caption 'for dismissal' today. There is no representation on the side of the appellant. As seen from the earlier proceedings, the learned counsel for the appellant had been repeatedly seeking adjournment in this matter. On the last hearing date also on 07.06.2023, the learned counsel for the appellant sought time on the ground that the appellant will explore the possibility of settlement with the respondents. On the said submission, the matter was adjourned for today's hearing. It is listed under the caption 'for dismissal' on the ground that the learned counsel for the appellant has been repeatedly seeking adjournments. The learned counsel for the respondents 2 to 8 is present through video conferencing. It can now be inferred that the appellant is not interested in prosecuting this Second Appeal. Accordingly, this Second Appeal is dismissed for non-prosecution. No costs.

16.06.2023 Index : Yes/No Internet: Yes/No CM 2/4

To, 1.The Subordinate Court, Kulithalai,

2. The District Munsif Court, Kulithalai.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 3/4

ABDUL QUDDHOSE, J.

CM S.A.(MD)No.609 of 2021 16.06.2023 4/4