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Madras High CourtSA(MD)/227/2011dismissed for nonprosecution

Ammavasi @ Virumandi v. Srinivasagam

2016-11-24Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2016

CORAM:

THE HONOURABLE MR. JUSTICE S.S.SUNDAR S.A(MD)No.227 of 2011 1.Ammavasi @ Virumandi 2.Rajamani 3.Arumugam ...Appellants vs.

1.Srinivasagam 2.Sarojini 3.Rama Subbiah

...Respondents

PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure, against the Judgment and Decree dated 20.10.2010 in A.S.No.165 of 2009 on the file of the Subordinate Court, Thirumangalam confirming the Judgement and decree dated 02.09.2009 in O.S.No.390 of 2006 on the file of the District Munsif, Thirumangalam.

For Appellants : Mr.K.K.Kannan For Respondents : Mr.V.Nagarajan for R1 & R2 R3-Died as per memo dated 22.02.2016

J U D G M E N T

This matter was adjourned repeatedly on several occasions at the instance of the appellants. Despite the fact that request for adjournment was seriously opposed by the Counsel for the respondents on early occasion, this Court was so lenient on the earlier occasion and adjourned the matter to give opportunity to the Counsel for appellants to argue the matter on merits. When the matter came up for hearing on 23.11.2016 under the caption 'for orders', adjournment was sought for by the counsel for the appellant and hence, the matter was directed to be posted either for disposal on merits or for dismissal. Even today, the learned counsel submits that he is not ready and the matter may be adjourned by two weeks. This Court, having regard the fact that the matter is pending for a long time and several adjournments having been given by this Court, is not inclined to adjourn the matter. Since the counsel for the appellants is not ready, the Second Appeal is dismissed for non-prosecution. There is no order as to costs.

Sd/- Assistant Registrar(RTI) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To

1. The Subordinate Court, Thirumangalam.

2. The District Munsif, Thirumangalam.

+1cc to M/s.K.K.Kannan, Advocate in SR.72622 +1cc to M/s.V.Nagarajan, Advocate in SR.72519 Copy to : The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

S.A(MD)No.227 of 2011 24.11.2016 skn PBK/EM-MPA 05/01/2017 ::2P-6C:

https://hcservices.ecourts.gov.in/hcservices/